CELEX: 62011CJ0096
Appeal
Community trade mark
Absolute ground for refusal
Lack of distinctive character
Three-dimensional sign consisting of the shape of a chocolate mouse

Appeal brought against the judgment of the General Court (First Chamber) of 17 December 2010 in Case T-13/09
Storck
v
OHIM
, by which the General Court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal
of OHIM of 12 November 2008, rejecting the appeal filed against the examiner’s decision refusing registration of a three-dimensional
sign in the shape of a chocolate mouse as a Community trade mark for certain goods in Class 30 — Distinctive character of
the mark.
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders August Storck KG to pay the costs.