# C_2007082EN.01004302.xml

| 14.4.2007 | EN | Official Journal of the European Union | C 82/43 |
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14.4.2007

EN

Official Journal of the European Union

C 82/43

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Action brought on 12 February 2007 — Leche Celta, S.L. v OHIM

(Case T-35/07)

(2007/C 82/93)

Language in which the application was lodged: Spanish

Parties

Applicant: Leche Celta, S.L. (Puentedeume, La Coruna, Spain) (represented by: J.A. Calderón Chavero, T. Villate Consonni and A. Yanez Manglano, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Celia, SA

Other party to the proceedings before the Board of Appeal of OHIM:

Form of order sought

| — | The annulment of the decision of the 1st Board of Appeal of OHIM issued on 5 December 2006 in case R-294/2006-4 |
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The annulment of the decision of the 1st Board of Appeal of OHIM issued on 5 December 2006 in case R-294/2006-4

| — | Consequently, the annulment of that part of the decision of 21 December 2005 in proceedings B657132 which rejects the objection lodged on behalf of the applicant, and allows the application for the contested mark within class 29 for milk and milk products, edible oils and fats |
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Consequently, the annulment of that part of the decision of 21 December 2005 in proceedings B657132 which rejects the objection lodged on behalf of the applicant, and allows the application for the contested mark within class 29 for milk and milk products, edible oils and fats

| — | Granting of the claim of the applicant, and an order that Opposition Division reject the registration of the relevant mark in these specific products |
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Granting of the claim of the applicant, and an order that Opposition Division reject the registration of the relevant mark in these specific products

| — | If OHIM defends the action, an order for costs against it in the present proceedings; and dismissal of its claims |
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If OHIM defends the action, an order for costs against it in the present proceedings; and dismissal of its claims

Pleas in law and main arguments

Applicant for a Community trade mark: Celia, SA

Applicant for a Community trade mark:

Community trade mark concerned: Figurative mark ‘Celia ’for products and services within classes 16, 29 and 38 (application No. 2.977.221)

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: National word mark ‘CELTA ’for products within class 29

Mark or sign cited in opposition:

Decision of the Opposition Division: Rejection of the objection

Decision of the Opposition Division:

Decision of the Board of Appeal: Rejection of the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) given that there is a likelihood of association and a likelihood of confusion between the marks at issue.

Pleas in law:

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(1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.

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