Source: EURLEX
Language: en
Format: md

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| 12.9.2009 | EN | Official Journal of the European Union | C 220/16 |

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Order of the Court (Fifth Chamber) of 11 June 2009 — Leche Celta, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Celia SA

(Case C-300/08 P)[(1)](#ntr1-C_2009220EN.01001602-E0001)

(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Mixed word and figurative trade mark, Celia - Relative grounds for refusal of registration - Similarity of the mark for which registration is sought with an earlier mark - Mark concerning identical goods - Likelihood of confusion - Appeal manifestly inadmissible)

2009/C 220/28

Language of the case: French

Parties

Appellant: Leche Celta, SL (represented by: J. Calderón Chavero, abogado)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Celia SA (represented by: D. Masson and F. de Castelnau, avocats)

Re:

Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 23 April 2008 in Case T-35/07 Leche Celta v OHIM, by which the Court of First Instance dismissed the action brought by the appellant against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 concerning opposition proceedings between Leche Celta SL and Celia SA — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark ([OJ 1994 L 11, p. 1](./../../../legal-content/EN/AUTO/?uri=OJ:L:1994:011:TOC)) — Relative grounds for refusal of registration of a trade mark — Likelihood of confusion linked to an application for registration of a trade mark similar to an earlier mark relating to identical goods — Visual, phonetic and conceptual comparison of the signs

Operative part of the order

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Leche Celta SL to pay the costs. |

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