The case is an appeal from a decision of the 3rd Chamber of the CFI of 23.4.2008 in Case T-35/07 relating to an opposition case between CTM application “Celia” (figurative mark) for goods in Class 29, amongst which milk and milk products, and earlier Spanish rights in “Celta” (word mark) which is registered in Class 29 inter alia for milk and milk products.



The opposition had been rejected at all instances on the ground that notwithstanding the identity of the products, the marks are sufficiently dissimilar to exclude LOC.