Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 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)

(Case T-353/07)

(2007/C 269/114)

Language in which the application has been drafted: Spanish

Parties

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

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 for the Community Trade Mark: The applicant.

Community trade mark concerned: figurative mark containing the word ‘COLORIS’ (application no 2.817.732) for goods in Class 2.

Proprietor of the mark or sign cited in opposition proceedings: COLORIS GLOBAL COLORING CONCEPT, S.A.S.

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.

---

[Top](#document1)