Judgment of the General Court of 4 March 2010 (Shape of a bottle with a helically formed neck)
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
1. Dismisses the action;
2. Orders Weldebräu GmbH & Co. KG to pay the costs.
- Three-dimensional Community trade mark,
- Shape of a bottle with a helically formed neck,
- Earlier three-dimensional Community trade mark,
- Relative ground for refusal,
- No likelihood of confusion,
- Regulation (EC) No 40/94,
- Regulation (EC) No 207/2009
Available at: http://works.bepress.com/luis_gonzalez_vaque/62/