Action brought on 10 June 2014 – Coca-Cola v OHIM (Shape of a bottle)

(Case T-411/14)

Language of the case: English

Parties

Applicant: The Coca-Cola Company (Atlanta, United States) (represented by: D. Stone and A. Dykes, Solicitors, and S. Malynicz, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 27 March 2014 given in Case R 540/2013-2;

Order the defendant to pay the costs of proceedings.

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional mark representing a shape of a bottle for goods in Classes 6, 21, 32 – Community trade mark application No 10 532 687

Decision of the Examiner: Found the trade mark not eligible for registration in respect of a part of the goods applied for

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 7(1)(b) CTMR .