Source: EURLEX
Language: en
Format: md

**Order of the Court (Fifth Chamber) of 11 June 2009 – Leche Celta v OHIM**

**(Case C‑300/08 P)**

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 to an earlier mark – Trade mark covering identical goods – Likelihood of confusion – Appeal manifestly inadmissible

Appeals – Grounds – Incorrect assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice,
Art. 58, first para.) (see para. 35)

**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:**

|  |  |  |
| --- | --- | --- |
| 1. |  | The appeal is dismissed. |

|  |  |  |
| --- | --- | --- |
| 2. |  | Leche Celta SL is ordered to pay the costs. |

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