This document is an excerpt from the EUR-Lex website
Document 62006TJ0204
Summary of the Judgment
Summary of the Judgment
Judgment of the Court of First Instance (Fifth Chamber) of 10 June 2009 — Vivartia v OHIM — Kraft Foods Schweiz (milko ΔΕΛΤΑ)
(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’
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 paras 28, 48-50)
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.
Information relating to the case
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Applicant for the Community trade mark: |
Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis, formerly Delta Protypos Viomichania Galaktos AE |
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Community trade mark sought: |
Figurative mark milko ΔΕΛΤΑ for goods in Class 30 — Application No 2474674 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Kraft Foods Schweiz Holding AG |
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Mark or sign cited in opposition: |
Community, international and national figurative marks and word marks MILKA for goods in classes 5, 29, 30 and 32 |
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Decision of the Opposition Division: |
Opposition upheld |
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Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis to pay the costs. |