Community trade mark Relative ground for refusal Likelihood of confusion Opposition Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community figurative mark Celia Earlier national word mark CELTA
Sumário
Judgment of the Court of First Instance (Third Chamber) of 23 April 2008.
Leche Celta, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-35/07.
Texto da decisão
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. |