CELEX: 62007TJ0353
Language: en
Date: 2009-11-30
Title: Judgment of the Court of First Instance (Third Chamber) of 30 November 2009. # Esber, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-353/07.

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.