Source: EURLEX
Language: en
Format: md

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| 7.6.2008 | EN | Official Journal of the European Union | C 142/24 |

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Judgment of the Court of First Instance of 23 April 2008 — Leche Celta v OHIM — Celia (Celia)

(Case T-35/07)[(1)](#ntr1-C_2008142EN.01002402-E0001)

(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)

(2008/C 142/43)

Language of the case: French

Parties

Applicant: Leche Celta, SL (Puentedeume, Spain) (represented by: J. Calderón Chavero, T. Villate Consonni and M. Tañez Manglano, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Celia SA (Craon, France) (represented by: D. Masson and F. de Castelnau, lawyers)

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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

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