CELEX: 62008TN0024
Language: en
Date: 2008-01-16 00:00:00
Title: Case T-24/08: Action brought on 16 January 2008 — Weldebräu v OHIM — Kofola Holding (Shape of a bottle)

8.3.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 64/62
            
         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), 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).