Source: EURLEX
Language: en
Format: md

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| 25.8.2007 | EN | Official Journal of the European Union | C 199/43 |

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Action brought on 2 July 2007 — Laboratorios Del Dr. Esteve v OHIM — Ester C (ESTER-E)

(Case T-230/07)

(2007/C 199/82)

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

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| — | Annul the decision of the Second Board of Appeal R 737/2006-2 of 17 April 2007; |

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| — | 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 3163946

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.

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