Source: EURLEX
Language: en
Format: md

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| 1.5.2010 | EN | Official Journal of the European Union | C 113/41 |

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Judgment of the General Court of 4 March 2010 — Weldebräu v OHIM — Kofola Holding (Shape of a bottle with a helically formed neck)

(Case T-24/08)[(1)](#ntr1-C_2010113EN.01004101-E0001)

(Community trade mark - Opposition proceedings - Application for a three-dimensional Community trade mark - Shape of a bottle with a helically formed neck - Earlier three-dimensional Community trade mark consisting in the shape of a bottle with a helically formed neck - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 113/64

Language of the case: English

Parties

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

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Kofola Holding a.s. (Ostrava, Czech Republic) (represented by: S. Hejdová and R. Charvát, lawyers)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 15 November 2007 (Case R 1096/2006-4), relating to opposition proceedings between Weldebräu GmbH & Co. KG and Kofola Holding a.s.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Weldebräu GmbH & Co. KG to pay the costs. |

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