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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) (OHIM). # 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 to an earlier mark - Trade mark covering identical goods - Likelihood of confusion - Appeal manifestly inadmissible. # Case C-300/08 P.
ECLI:EU:C:2009:370
62008CO0300
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(Case C‑300/08 P)
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 to an earlier mark – Trade mark covering identical goods – Likelihood of confusion – Appeal manifestly inadmissible
Appeals – Grounds – Incorrect assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 35)
Re:
Appeal against judgment of the Court of First Instance (Third Chamber) of 23 April 2008 in Case T‑35/07 Leche Celta v OHIM, by which that court rejected the action brought by the applicant against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 relating to opposition proceedings between Leche Celta SL and Celia SA – Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) – Relative grounds for refusal of registration – Likelihood of confusion linked to application for registration of a mark similar to an earlier mark covering identical goods – Comparison of signs visually, phonetically and conceptually.
Operative part:
1.The appeal is dismissed.
2.Leche Celta SL is ordered to pay the costs.