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(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
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)
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
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