Judgment of the General Court (Fifth Chamber) of 10 June 2009

Data

Court: General Court

Case date: 10 juni 2009

Uitspraak

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

Applicant for the Community trade mark:	Vivartia ABEE Proïonton Diatrofis kai Ypiresion Estiasis, formerly Delta Protypos Viomichania Galaktos AE
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
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
Decision of the Opposition Division:	Opposition upheld
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.