Judgment — ECLI:EU:T:2009:252
Date: 2009-07-08
Language of the case: English
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded
Origin: Spain

Action brought on 2 July 2007 - Laboratorios Del Dr. Esteve v OHIM - Ester C (ESTER-E) (Case T-230/07) Language in which the application was lodged: English Parties Applicant: Laboratorios Del Dr. Esteve, SA (Barcelona, Spain) (represented by: K. Manhaeve, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Ester C Company (Prescott, United States) Form of order sought Annul the decision of the Second Board of Appeal R 737/2006-2 of 17 April 2007; order the defendant and - if applicable - Ester C Company to pay all the costs (jointly and severally). Pleas in law and main arguments Applicant for the Community trade mark: The Ester C Company Community trade mark concerned: The Community word mark "ESTER-E" for goods and services in Class 3 and 5 - application No 3 163 946 Proprietor of the mark or sign cited in the opposition proceedings: Laboratorios Del Dr. Esteve SA Mark or sign cited: The Community figurative mark "ESTEVE" for goods in Class 1, 5 and 42 and the national figurative mark "ESTEVE" and "ESTEVE-LABORATORIO DEL DR. ESTEVE S.A." for goods in Class 5 Decision of the Opposition Division: Upheld the opposition in its entirety Decision of the Board of Appeal: Rejected the opposition Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94. ____________