62008CO0300_EN
Subject of the case
Operative part
Subject of the case
Re:
Appeal against judgment of the Court of First Instance (Third Chamber) of 23 April 2008 in Case T‑35/07 Leche Celta
v OHIM, by which that court rejected the action brought by the applicant against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 relating to opposition proceedings between Leche Celta SL and Celia SA – Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) – Relative grounds for refusal of registration – Likelihood of confusion linked to application for registration of a mark similar to an earlier mark covering identical goods – Comparison of signs visually, phonetically and conceptually.
Operative part
Operative part:
1. The appeal is dismissed.
2. Leche Celta SL is ordered to pay the costs.