Source: EURLEX
Language: en
Format: md

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| 9.2.2015 | EN | Official Journal of the European Union | C 46/45 |

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Judgment of the General Court of 11 December 2014 — Coca-Cola v OHIM — Mitico (Master)

(Case T-480/12)[(1)](#ntr1-C_2015046EN.01004501-E0001)

((Community trade mark - Opposition proceedings - Application for Community figurative mark Master - Earlier Community figurative marks Coca-Cola and earlier national figurative mark C - Relative ground for refusal - Article 8(5) of Regulation (EC) No 207/2009 - Similarity of the signs - Evidence relating to the commercial use of the mark applied for))

(2015/C 046/55)

Language of the case: English

Parties

Applicant: The Coca-Cola Company (Atlanta, Georgia, United States) (represented by: S. Malynicz, Barrister, D. Stone and L. Ritchie, Solicitors, and S. Baran, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J. Crespo Carrillo, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Modern Industrial & Trading Investment Co. Ltd (Mitico) (Damascus, Syria) (represented by: A.-I. Malami, lawyer)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 29 August 2012 (Case R 2156/2011-2) concerning opposition proceedings between The Coca-Cola Company and Modern Industrial & Trading Investment Co. Ltd (Mitico).

Operative part of the judgment

The Court:

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| 1) | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 29 August 2012 (Case R 2156/2011-2); |

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| 2) | Orders OHIM to bear its own costs and to pay those incurred by The Coca-Cola Company; |

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| 3) | Orders Modern Industrial & Trading Investment Co. Ltd (Mitico) to bear its own costs. |

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