Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Third Chamber) of 23 April 2008 – Leche Celta v OHIM – Celia (Celia)**

**(Case T-35/07)**

Community trade mark – Opposition – Application for Community figurative mark Celia – Earlier national word mark CELTA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

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 para. 49)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 (Case R 294/2006-4) concerning opposition proceedings between Leche Celta, SL and Celia SA. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Celia SA |
| Community trade mark sought: | Figurative mark Celia for goods and services in Classes 16, 29 and 38 – Application No 2977221 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Leche Celta, SL |
| Mark or sign cited in opposition: | National word mark CELTA for goods in Class 29 |
| Decision of the Opposition Division: | Opposition dismissed |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

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

[Top](#document1)