Case T-396/02: Action brought on 27 December 2002 by August Storck KG against the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Date: 2003-03-08
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), confectionery product, trade-mark law

C 55/36

EN

Official Journal of the European Union

8.3.2003

After finding an error in the wording of multiple-choice
question number 35 of test (b), the jury decided to cancel that
question.

Pleas in law:

In support of her claims, the applicant alleges a manifest error
of assessment in the marking of questions number 21 in test
(a) and number 9 in test (c). She also alleges misuse of powers
in the present case.

— Infringement

of
Article 7(1)(b) of Regulation
(EC) No 40/94 (1);

— Infringement of Article 7(3)
of Regulation (EC) No 40/
94.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the

Community trade mark (OJ 1993 L 11, p. 1).

Action brought on 27 December 2002 by August Storck
KG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-396/02)

(2003/C 55/89)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
27 December 2002 by August Storck KG, Berlin, represented
by H. Wrage-Molkenthin, T. Reher and A. Heise, Rechtsanwäl-
te, with an address for service in Luxembourg.

The applicant claims that the Court should:

— set aside the decision of the Fourth Board of Appeal of
the Office for Harmonisation in the Internal Market of
14 October 2002 in Case R 187/2001-4;

— order the Office to pay the costs.

Pleas in law and main arguments

Trade mark for which
Community registration
sought:

A three-dimensional mark in the
form of a caramel sweet of a
light brown colour — Application
No 784314

Goods or services:

Goods of Class 30 (confectionery)

Decision
before
Appeal:

challenged
the Board of

Refusal of
examiner

registration by the

Decision of the Board of
Appeal:

Dismissal of the complaint

Action brought on 27 December 2002 by August Storck
KG against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs)

(Case T-402/02)

(2003/C 55/90)

(Language of the case: German)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) was brought before the
Court of First Instance of the European Communities on
27 December 2002 by August Storck KG, Berlin, represented
by H. Wrage-Molkenthin, T. Reher and A. Heise, Rechtsanwäl-
te, with an address for service in Luxembourg.

The applicant claims that the Court should:

— set aside the decision of the Second Board of Appeal of
the Office for Harmonisation in the Internal Market of
18 October 2002 in Case R 256/2001-2;

— order the Office to pay the costs.

Pleas in law and main arguments

Trade mark for which
Community registration
sought:

The pictorial mark consisting of
the illustration of a wrapped sweet
— Application No 784454

Goods or services:

Goods of Class 30 (sweets)

Decision
before
Appeal:

challenged
the Board of

Refusal of
examiner

registration by the