CELEX: C2007/269/114
Language: en
Date: 2007-11-10 00:00:00
Title: Case T-353/07: Action brought on 13 September 2007 — Ester v OHIM — Coloris Global Coloring Concept (COLORIS)

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.