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Case T-24/08: Judgment of the General Court of 4 March 2010 — Weldebräu v OHIM — Kofola Holding (Shape of a bottle with a helically formed neck) (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))
ECLI:EU:UNKNOWN:62008TA0024
62008TA0024
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Official Journal of the European Union
C 113/41
(Case T-24/08) (<span class="super">1</span>)
(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:
1.Dismisses the action;
2.Orders Weldebräu GmbH & Co. KG to pay the costs.
(<span class="super">1</span>) OJ C 64, 8.3.2008.