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Case C-300/08 P: Appeal brought on 7 July 2008 by Leche Celta SL against the judgment delivered on 23 April 2008 in Case T-35/07 Leche Celta SL v OHMI
ECLI:EU:UNKNOWN:62008CN0300
62008CN0300
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Official Journal of the European Union
C 223/36
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(Case C-300/08 P)
(2008/C 223/57)
Language of the case: French
Parties
Appellant: Leche Celta SL (represented by: J Calderón Chavero and T. Villate Consonni, lawyers)
Other party/parties to the proceedings: Office for Harmonisation in the Internal Market (Trade marks and Designs), Celia SA
Form of order sought
—Annul the judgment of the Third Chamber of the Court of First Instance of 23 April 2008 in Case T-35/07 on the grounds that the marks CELIA/CELTA are clearly incompatible;
—Order payment of costs.
Pleas in law and main arguments
By its appeal the appellant challenges in essence the assessment made by the Court of First Instance on the similarity of the marks at issue. According to the appellant, the similarity of the two marks is such that the relevant public will not be able to detect any difference between them, the more so when the goods covered by them are identical. The Court therefore committed several errors of assessment by judging the degree of verbal and conceptual similarity between the marks at issue to be low.
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