CELEX: 62009TJ0013
Community trade mark
Application for a three-dimensional Community trade mark
Shape of a chocolate mouse
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
Rights of the defence

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 November 2008 (Case R 185/2006-4), concerning
an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a chocolate
mouse.
Information relating to the case
Applicant for the Community trade mark:
August Storck KG
Community trade mark sought:
Three-dimensional mark, which represents a mouse made out of chocolate, for goods in Class 30 – Application No 4490447
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders August Storck KG to pay the costs.