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Case T-24/08: Action brought on 16 January 2008 — Weldebräu v OHIM — Kofola Holding (Shape of a bottle)
ECLI:EU:UNKNOWN:62008TN0024
62008TN0024
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Official Journal of the European Union
C 64/62
(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
—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.
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).