Source: EURLEX
Language: en
Format: md

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| 22.1.2005 | EN | Official Journal of the European Union | C 19/22 |

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JUDGMENT OF THE COURT OF FIRST INSTANCE

of 10 November 2004

in Case T-402/02: August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)[(1)](#ntr1-C_2005019EN.01002202-E0001)

(Community trade mark - Figurative mark representing the form of a twisted wrapper (shape of a sweet wrapper) - Subject-matter of the application - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Distinctive character acquired though use - Article 7(3) of Regulation (EC) No 40/94 - Right to be heard - Article 73(1) of Regulation (EC) No 40/94 - Examination of the facts by OHIM of its own motion - Article 74(1) of Regulation (EC) No 40/94)

(2005/C 19/48)

Language of the case: German

In Case T-402/02: August Storck KG, established in Berlin (Germany), represented by H. Wrage-Molkenthin, T. Reher, A. Heise and I. Rohr, lawyers, with an address for service in Luxembourg, against Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM), (Agents: B. Müller and G. Schneider) – action for annulment of the decision of the Second Board of Appeal of OHIM of 18 October 2002 (Case R 0256/2001-2) refusing registration of a trade mark representing a twisted wrapper (shape of a sweet wrapper) – the Court of First Instance (Fourth Chamber), composed of H. Legal, President, V. Tiili and M. Vilaras, Judges; B. Pastor, Deputy Registrar, for the Registrar, has given a judgment on 10 November 2004, in which it:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay the costs. |

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