Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fifth Chamber) of 10 June 2009 – Vivartia v OHIM – Kraft Foods Schweiz (milko ΔΕΛΤΑ)**

**(Case T-204/06)**

Community trade mark – Opposition proceedings – Application for Community figurative mark milko ΔΕΛΤΑ – Earlier Community figurative mark MILKA – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 28, 48-50)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 June 2006 (Case R 540/2005-2) relating to opposition proceedings between Kraft Foods Schweiz Holding AG and Delta Protypos Viomichania Galaktos AE. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis, formerly Delta Protypos Viomichania Galaktos AE |
| Community trade mark sought: | Figurative mark milko ΔΕΛΤΑ for goods in Class 30 – Application No 2474674 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Kraft Foods Schweiz Holding AG |
| Mark or sign cited in opposition: | Community, international and national figurative marks and word marks MILKA for goods in classes 5, 29, 30 and 32 |
| Decision of the Opposition Division: | Opposition upheld |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

1.      Dismisses the action;

2.      Orders Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis to pay the costs.

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