Source: EURLEX
Language: en
Format: md

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| 8.3.2008 | EN | Official Journal of the European Union | C 64/62 |

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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

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)

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

Form of order sought

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| — | annulment of the decision of the Fourth Board of Appeal of 15 November 2007 in Case R 1096/2006-4; |

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| — | the defendant to be ordered to pay the costs. |

Pleas in law and main arguments

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 (Application 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 (Community 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)](#ntr1-C_2008064EN.01006201-E0001), as there is a likelihood of confusion between the marks in opposition.

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