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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)
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.
The Ester C Company
The Community word mark ‘ESTER-E’ for goods and services in Classes 3 and 5 – Application No 3163946
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
Opposition upheld
Opposition dismissed
The Court: