Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (First Chamber) of 17 December 2010 – Storck v OHIM (Shape of a chocolate mouse)**

**(Case T-13/09)**

Community trade mark – Application for a three-dimensional Community trade mark – Shape of a chocolate mouse – Absolute ground for refusal – No 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

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 44)

**Re:**

|  |  |
| --- | --- |
|  | 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. |

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