Community trade mark Opposition proceedings Relative ground for refusal Genuine use of the earlier trade mark Application for Community figurative mark COLORIS Earlier national word mark COLORIS 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)
Sumário
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.
Texto da decisão
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. |