Source: EURLEX
Language: en
Format: md

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| 30.1.2010 | EN | Official Journal of the European Union | C 24/47 |

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Judgment of the Court of First Instance of 30 November 2009 — Esber v OHIM — Coloris Global Coloring Concept (COLORIS)

(Case T-353/07)[(1)](#ntr1-C_2010024EN.01004701-E0001)

(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))

2010/C 24/81

Language of the case: English

Parties

Applicant: Esber, SA (Burceña-Baracaldo, Spain) (represented by: T. Villate Consonni, J. Calderón Chavero and M. Yañez Manglano, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Coloris Global Coloring Concept (Villeneuve Loubet, France) (represented by: K. Manhaeve, lawyer)

Re:

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Esber, SA to pay the costs. |

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