Case T-353/07: Action brought on 13 September 2007 — Ester v OHIM — Coloris Global Coloring Concept (COLORIS)
Date: 2007-11-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), building technique, dyestuff, trade-mark law

10.11.2007

EN

Official Journal of the European Union

C 269/63

Action brought on 13 September 2007 — Ester v OHIM —
Coloris Global Coloring Concept (COLORIS)

Action brought on 18 September 2007 — Pfizer v OHIM
— Isdin (FOTOPROTECTOR ISDIN)

(Case T-353/07)

(2007/C 269/114)

(Case T-354/07)

(2007/C 269/115)

Language in which the application has been drafted: Spanish

Language in which the application was lodged: English

Parties

Parties

Applicant: Esber, S.A.
J.A.
(Vizcaya, Spain)
Calderón Chavero and T. Villate Consonni and A. Yañez
Manglano, lawyers)

(Represented by:

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Coloris
Global Coloring Concept, S.A.S.

Forms of order sought

— Annul the Decision of the First Board of Appeal of OHIM

issued on 28 June 2007 in Case R-1060/2006-1;

— Consequently, upholding the decision of

the Board of
Appeal, dismiss the opposition filed and proceed to grant
the contested trade mark;

— Order OHIM to pay the costs of the present proceedings if it

contests them and reject its claims.

Pleas in law and main arguments

Applicant: Pfizer Ltd (Sandwich, United Kingdom) (represented
by: V. von Bomhard, A. Renck, T. Dolde,
lawyers, and M.
Hawkins, Solicitor)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Isdin, SA
(Barcelona, Spain)

Form of order sought

— Annul the Decision of the First Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 28 June 2007 in Case R 567/2006-1; and

— order that the costs of the proceedings be borne by the

defendant.

Pleas in law and main arguments

the application for a
Registered Community trade mark subject of
invalidity: The word mark ‘FOTOPROTECTOR
declaration of
ISDIN’ for products in among others class 5 — Community
trade mark No 1 075 597

Applicant for the Community Trade Mark: The applicant.

Proprietor of the Community trade mark: Isdin, SA

Community trade mark concerned: figurative mark containing the
word ‘COLORIS’
in
Class 2.

(application no 2.817.732)

for goods

Proprietor of
COLORIS GLOBAL COLORING CONCEPT, S.A.S.

the mark or

sign cited in opposition proceedings:

Mark or sign cited in the opposition proceedings: French national
word mark ‘COLORIS’ for goods in Class 2 (no 98/717642).

Decision of the Opposition Division: Upheld the opposition.

Decision of the Board of Appeal: Rejected the appeal.

Pleas in law: Incorrect application of Article 8(1)(b) of Regulation
(EC) No 40/94 on the Community trade mark.

Party requesting the declaration of invalidity of the Community trade
mark: The applicant

Trade mark right of the party requesting the declaration of invalidity:
The national word mark ‘ISTIN’ for goods in class 5

Decision of the Cancellation Division: Partial declaration of inva-
lidity of the Community trade mark

Decision of the Board of Appeal: Annulment of the Cancellation
Division's decision insofar as it declared the invalidity of the
Community trade mark

Pleas in law: Violation of
to be heard
pursuant to Article 73 of Council Regulation No 40/94 and
violation of Article 52 read in conjunction with Article 8(1)(b)
of the regulation.

the applicant's right