Judgment of the General Court of 24 February 2016 — Coca-Cola v OHIM (Shape of a contour bottle without fluting)
(Case T-411/14) 1
(Community trade mark — Application for three-dimensional Community trade mark — Shape of a contour bottle without fluting — Absolute ground for refusal — No distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009 — No distinctive character acquired through use — Article 7(3) of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: The Coca-Cola Company (Atlanta, United States) (represented by: D. Stone, A. Dykes, Solicitors, and S. Malynicz, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos and A. Folliard-Monguiral, acting as Agents)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 27 March 2014 (Case R 540/2013-2), concerning proceedings for the registration as a Community trade mark of a three-dimensional sign consisting of the shape of a contour bottle.
Operative part of the judgment
The Court:
Dismisses the action;
Orders The Coca-Cola Company to pay the costs.
____________1 OJ C 282, 25.8.2014.