CELEX: 62007TJ0353
Community trade mark
Opposition proceedings
Application for Community figurative mark COLORIS
Earlier national word mark COLORIS
Relative ground for refusal
Genuine use of the earlier trade mark
Article 15(2)(a) and Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 15(1)(a) and Article 42(2) and (3) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 28 June 2007 (Case R 1060/2006‑1), concerning
opposition proceedings between Coloris Global Coloring Concept and Esber, SA.
Information relating to the case
Applicant for the Community trade mark:
Esber, SA
Community trade mark sought:
Figurative mark containing the word COLORIS for goods in Class 2 – Application No 2817732
Proprietor of the mark or sign cited in the opposition proceedings:
Coloris Global Coloring Concept
Mark or sign cited in opposition:
French national word mark COLORIS for goods in Class 2 (No 98/717642)
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Esber, SA to pay the costs.