Judgment of the Court of First Instance of 8 July 2009 - Laboratorios Del Dr. Esteve v OHIM - Ester C (ESTER-E)
(Community trade mark - Opposition proceedings - Application for Community word mark ESTER-E - Earlier Community figurative mark ESTER-E - 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 No 207/2009)
Language of the case: 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) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: The Ester C Company (Prescott, Arizona, United States) (represented by: initially R. Bird, Solicitor, and subsequently by H. Wistam, lawyer)
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.
Operative part of the judgment
The Court:
Dismisses the action.
Orders Laboratorios Del Dr. Esteve, SA to pay the costs.
____________1 - OJ C 199, 25.8.2007.