CELEX: 62007TJ0230
Language: en
Date: 2009-07-08
Title: Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009. # Laboratorios Del Dr. Esteve, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark ESTER-E - Earlier Community figurative mark ESTEVE - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-230/07.

Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009 – Laboratorios Del Dr. Esteve v OHIM – Ester C (ESTER-E)
      (Case T-230/07)
      Community trade mark – Opposition proceedings – Application for Community word mark ESTER-E – Earlier Community figurative mark ESTEVE – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 39, 41, 46, 48, 56,
         60)
      
      Re: 
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 17 April 2007 (Case R 737/2006‑2) concerning
                  opposition proceedings between Laboratorios Del Dr. Esteve, SA and The Ester C Company.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               The Ester C Company
            
         
               Community trade mark sought:
            
            
               The Community word mark ‘ESTER-E’ for goods and services in Classes 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 in opposition:
            
            
               The Community figurative mark ‘ESTEVE’ for goods in Classes 1, 5 and 42 and the national figurative marks ‘ESTEVE’ and ‘ESTEVE-Laboratorio Del Dr. Esteve S.A.’ for goods in Class 5
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Opposition dismissed
            
         
      Operative part 
      The Court:
      1.      Dismisses the action;
      2.      Orders Laboratorios Del Dr. Esteve, SA to pay the costs.