Action brought on 13 September 2007 - Ester v OHIM - Coloris Global Coloring Concept (COLORIS)

(Case T-353/07)

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.

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