CELEX: 62007TJ0035
Language: en
Date: 2008-04-23 00:00:00
Title: Judgment of the Court of First Instance (Third Chamber) of 23 April 2008. # Leche Celta, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-35/07.

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.