Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 30 November 2009 – Esber v OHIM – Coloris Global Coloring Concept
(COLORIS)**

**(Case T-353/07)**

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)

Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Use in a form without differences capable of affecting the distinctive character of the trade mark (Council Regulation No
40/94, Arts 15(2)(a) and 43(2) and (3)) (see paras 36, 50)

**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. |

**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. |

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