CELEX: 62008CB0300
Language: en
Date: 2009-06-11 00:00:00
Title: Case C-300/08 P: Order of the Court (Fifth Chamber) of 11 June 2009 — Leche Celta, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Celia SA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Mixed word and figurative trade mark, Celia — Relative grounds for refusal of registration — Similarity of the mark for which registration is sought with an earlier mark — Mark concerning identical goods — Likelihood of confusion — Appeal manifestly inadmissible)

12.9.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 220/16
            
         Order of the Court (Fifth Chamber) of 11 June 2009 — Leche Celta, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Celia SA
   (Case C-300/08 P) (1)
   
   (Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Mixed word and figurative trade mark, Celia - Relative grounds for refusal of registration - Similarity of the mark for which registration is sought with an earlier mark - Mark concerning identical goods - Likelihood of confusion - Appeal manifestly inadmissible)
   2009/C 220/28
   Language of the case: French
   
      Parties
   
   
      Appellant: Leche Celta, SL (represented by: J. Calderón Chavero, abogado)
   
      Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent), Celia SA (represented by: D. Masson and F. de Castelnau, avocats)
   
      Re:
   
   Appeal brought against the judgment of the Court of First Instance (Third Chamber) of 23 April 2008 in Case T-35/07 Leche Celta v OHIM, by which the Court of First Instance dismissed the action brought by the appellant against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 concerning opposition proceedings between Leche Celta SL and Celia SA — Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) — Relative grounds for refusal of registration of a trade mark — Likelihood of confusion linked to an application for registration of a trade mark similar to an earlier mark relating to identical goods — Visual, phonetic and conceptual comparison of the signs
   
      Operative part of the order
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Leche Celta SL to pay the costs.
            
         
      (1)  OJ C 223 of 30.8.2008.