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Case T-204/06: Judgment of the Court of First Instance of 10 June 2009 — Vivartia v OHIM — Kraft Foods Schweiz (milko ΔΕΛΤΑ) (Community trade mark — Opposition proceedings — Application for Community figurative mark milko ΔΕΛΤΑ — Earlier Community figurative mark MILKA — Relative ground for refusal — Likelihood of confusion — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

ECLI:EU:UNKNOWN:62006TA0204

62006TA0204

January 1, 2006
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Official Journal of the European Union

C 180/44

(Case T-204/06)

(Community trade mark - Opposition proceedings - Application for Community figurative mark milko ΔΕΛΤΑ - Earlier Community figurative mark MILKA - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2009/C 180/80

Language of the case: English

Parties

Applicant: Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis, formerly Delta Protypos Viomichania Galaktos AE (Tavros, Greece) (represented by: P.-P. Kanellopoulos and V. Kanellopoulos, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Kraft Foods Schweiz Holding AG (Zurich, Switzerland) (represented by: T. de Haan and P. Péters, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 8 June 2006 (Case R 540/2005-2) relating to opposition proceedings between Kraft Foods Schweiz Holding AG and Delta Protypos Viomichania Galaktos AE.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis to pay the costs.

(<span class="super">1</span>) OJ C 224, 16.9.2006.

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