CELEX: C2006/224/107
Language: en
Date: 2006-09-16 00:00:00
Title: Case T-204/06: Action brought on 3 August 2006 — Delta Protypos Viomichania Galaktos v OHIM — Kraft Foods Schweiz Holding (milko ΔΕΛΤΑ)

16.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 224/51
            
         Action brought on 3 August 2006 — Delta Protypos Viomichania Galaktos v OHIM — Kraft Foods Schweiz Holding (milko ΔΕΛΤΑ)
   (Case T-204/06)
   (2006/C 224/107)
   Language in which the application was lodged: English
   Parties
   
      Applicant: Delta Protypos Viomichania Galaktos AE (Tavros, Greece) (represented by: P. Kanellopoulos, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Kraft Foods Schweiz Holding AG (Zürich, Switzerland)
   Form of order sought
   
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               Annul the contested decision rendered by the Second Board of Appeal of the OHIM in its ruling No R0540/2005-2 dated June 8, 2006;
            
         
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               dismiss the opposition No B 562 423 brought by Kraft Foods Schweiz Holding AG against the registration of the Community Trade mark ‘MILKO ΔEΛTA with design’ No 2 474 674;
            
         
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               order that the Community Trade mark ‘MILKO ΔEΛTA with design’ No 2 474 674 of the applicant be accepted;
            
         
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               order the OHIM to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘milko ΔΕΛΤΑ’ for goods in class 30 (milk with cocoa) — application No 2 474 674
   
      Proprietor of the mark or sign cited in the opposition proceedings: Kraft Foods Schweiz Holding AG
   
      Mark or sign cited: The 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 in its entirety
   
      Decision of the Board of Appeal: Dismissal of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 40/94 as the obvious and large differences of the two marks are sufficient to exclude any likelihood of confusion. According to the applicant, the two conflicting trade marks create overall a very different visual, phonetic and conceptual impression, especially when taking the second word ‘ΔEΛTA’ into consideration.