Judgment of the Court of First Instance (Third Chamber) of 23 April 2008 – Leche Celta v OHIM – Celia (Celia)

(Case T-35/07)

Community trade mark – Opposition – Application for Community figurative mark Celia – Earlier national word mark CELTA – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 49)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 (Case R 294/2006-4) concerning opposition proceedings between Leche Celta, SL and Celia SA.

Information relating to the case

Applicant for the Community trade mark:	Celia SA
Community trade mark sought:	Figurative mark Celia for goods and services in Classes 16, 29 and 38 – Application No 2977221
Proprietor of the mark or sign cited in the opposition proceedings:	Leche Celta, SL
Mark or sign cited in opposition:	National word mark CELTA for goods in Class 29
Decision of the Opposition Division:	Opposition dismissed
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Leche Celta, SL to pay the costs.