Source: EURLEX
Language: en
Format: md

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.

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.

**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, Rechtsanwälte, 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 A three-dimensional mark in the
Community registration form of a caramel sweet of a
sought: light browncolour — Application
No 784314

Goods or services: Goods of Class 30 (confectionery)

Decision challenged Refusal of registration by the
before the Board of examiner
Appeal:

Decision of the Board of Dismissal of the complaint
Appeal:

Pleas in law: — 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-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, Rechtsanwälte, 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 The pictorial mark consisting of
Community registration the illustration of a wrapped sweet
sought: — Application No 784454

Goods or services: Goods of Class 30 (sweets)

Decision challenged Refusal of registration by the
before the Board of examiner
Appeal: