CELEX: C2007/082/93
Language: en
Date: 2007-04-14 00:00:00
Title: Case T-35/07: Action brought on 12 February 2007 — Leche Celta, S.L. v OHIM

14.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 82/43
            
         Action brought on 12 February 2007 — Leche Celta, S.L. v OHIM
   (Case T-35/07)
   (2007/C 82/93)
   Language in which the application was lodged: Spanish
   Parties
   
      Applicant: Leche Celta, S.L. (Puentedeume, La Coruna, Spain) (represented by: J.A. Calderón Chavero, T. Villate Consonni and A. Yanez Manglano, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Celia, SA
   Form of order sought
   
               —
            
            
               The annulment of the decision of the 1st Board of Appeal of OHIM issued on 5 December 2006 in case R-294/2006-4
            
         
               —
            
            
               Consequently, the annulment of that part of the decision of 21 December 2005 in proceedings B657132 which rejects the objection lodged on behalf of the applicant, and allows the application for the contested mark within class 29 for milk and milk products, edible oils and fats
            
         
               —
            
            
               Granting of the claim of the applicant, and an order that Opposition Division reject the registration of the relevant mark in these specific products
            
         
               —
            
            
               If OHIM defends the action, an order for costs against it in the present proceedings; and dismissal of its claims
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: Celia, SA
   
      Community trade mark concerned: Figurative mark ‘Celia ’for products and services within classes 16, 29 and 38 (application No. 2.977.221)
   
      Proprietor of the mark or sign cited in the opposition proceedings: Applicant
   
      Mark or sign cited in opposition: National word mark ‘CELTA ’for products within class 29
   
      Decision of the Opposition Division: Rejection of the objection
   
      Decision of the Board of Appeal: Rejection of the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (1) given that there is a likelihood of association and a likelihood of confusion between the marks at issue.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark.