Case T-24/08: Action brought on 16 January 2008 — Weldebräu v OHIM — Kofola Holding (Shape of a bottle)
Date: 2008-01-16
Institutions: Court of First Instance
Subjects: Czechia, EU trade mark, European Union Intellectual Property Office, Germany, action for annulment (EU), beer, beverage industry, trade-mark law

C 64/62

EN

Official Journal of the European Union

8.3.2008

— that an order be substituted that the application for restitutio
in integrum was brought within the time-limits as prescribed
by Article 78(2);

— that the matter be referred back to the Fourth Board of
Appeal for them to deal with the substantive issue as to
whether all due care was taken to renew the trade mark
concerned;

Form of order sought

— annulment of the decision of the Fourth Board of Appeal of

15 November 2007 in Case R 1096/2006-4;

— the defendant to be ordered to pay the costs.

— that the costs be borne by the defendant.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: The figurative Community trade
mark ‘QWIK TUNE’ for goods and services in classes 9 and 15
— application No 117 994

Decision of the Administration of Trade Marks and Legal Division:
Refused the request for restitutio in integrum and declared the
trade mark as deemed to have been cancelled

Decision of
the Board of Appeal: Dismissed the appeal and
declared the restitutio in integrum request as deemed not to have
been filed

Pleas in law: The pleas in law and main arguments relied on by
the applicant are identical or similar to those relied on in Case
T-20/08, Evets/OHIM (DANELECTRO).

Action brought on 16 January 2008 — Weldebräu v OHIM
— Kofola Holding (Shape of a bottle)

(Case T-24/08)

(2008/C 64/100)

Language in which the application was lodged: German

Applicant for a Community trade mark: Kofola Holding a.s.

Community trade mark concerned:
the three-dimensional mark
‘shape of a bottle’ for goods in Classes 30, 32 and 33 (Appli-
cation No 3 367 539)

Proprietor of the mark or sign cited in the opposition proceedings: the
applicant

Mark or sign cited in opposition:
the three-dimensional mark
‘shape of a bottle’ for goods in Classes 21, 32 and 33 (Com-
munity trade mark No 690 016)

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC)
No 40/94 (1), as there is a likelihood of confusion between the
marks in opposition.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1994 L 11, p. 1).

Action brought on 11 January 2008 — Katjes Fassin v
OHIM (Yoghurt-Gums)

(Case T-25/08)

(2008/C 64/101)

Parties

Language in which the application was lodged: German

Applicant: Weldebräu GmbH & Co. KG (Plankstadt, Germany)
(represented by W. Göpfert, lawyer)

Parties

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Applicant: Katjes Fassin GmbH & Co. KG (Emmerich, Germany)
(represented by R. Uecker, lawyer)

Other party to the proceedings before the Board of Appeal: Kofola
Holding a.s. (Ostrava, Czech Republic)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)