CELEX: 62007TJ0230
Community trade mark
Opposition proceedings
Application for Community word mark ESTER-E
Earlier Community figurative mark ESTEVE
Relative ground for refusal
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 April 2007 (Case R 737/2006‑2) concerning
opposition proceedings between Laboratorios Del Dr. Esteve, SA and The Ester C Company.
Information relating to the case
Applicant for the Community trade mark:
The Ester C Company
Community trade mark sought:
The Community word mark ‘ESTER-E’ for goods and services in Classes 3 and 5 – Application No 3163946
Proprietor of the mark or sign cited in the opposition proceedings:
Laboratorios Del Dr. Esteve, SA
Mark or sign cited in opposition:
The Community figurative mark ‘ESTEVE’ for goods in Classes 1, 5 and 42 and the national figurative marks ‘ESTEVE’ and ‘ESTEVE-Laboratorio Del Dr. Esteve S.A.’ for goods in Class 5
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Opposition dismissed
Operative part
The Court:
1.      Dismisses the action;
2.      Orders Laboratorios Del Dr. Esteve, SA to pay the costs.