Order of the Court (Fifth Chamber) of 11 June 2009. – Leche Celta SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Subject of the case

Re:

Appeal against judgment of the Court of First Instance (Third Chamber) of 23 April 2008 in Case T‑35/07 Leche Celta v OHIM , by which that court rejected the action brought by the applicant against the decision of the Fourth Board of Appeal of OHIM of 5 December 2006 relating to opposition proceedings between Leche Celta SL and Celia SA – Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1) – Relative grounds for refusal of registration – Likelihood of confusion linked to application for registration of a mark similar to an earlier mark covering identical goods – Comparison of signs visually, phonetically and conceptually.

Operative part

Operative part:

1. The appeal is dismissed.

2. Leche Celta SL is ordered to pay the costs.