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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)

ECLI:EU:UNKNOWN:62008CB0300

62008CB0300

January 1, 2008
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12.9.2009

Official Journal of the European Union

C 220/16

(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

Applicant: 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.

ECLI:EU:C:2009:220

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