Source: EURLEX
Language: en
Format: md

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| 29.8.2009 | EN | Official Journal of the European Union | C 205/34 |

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Judgment of the Court of First Instance of 8 July 2009 — Mars v OHIM — Ludwig Schokolade (Shape of a chocolate bar)

(Case T-28/08)[(1)](#ntr1-C_2009205EN.01003401-E0001)

(Community trade mark - Invalidity proceedings - Community three-dimensional mark - Shape of a chocolate bar - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) - Right to be heard - Articles 73 and 74 of Regulation No 40/94 (now Articles 75 and 76 of Regulation No 207/2009))

2009/C 205/61

Language of the case: English

Parties

Applicant: Mars, Inc. (McLean, Virginia, United States) (represented by: A. Bryson, Barrister, and G. Mills, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Ludwig Schokolade GmbH & Co. KG (Bergisch Gladbach, Germany) (represented by: M. Knitter and R. Jacobs, lawyers)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 23 October 2007 (Case R 1325/2006-2), relating to invalidity proceedings between Ludwig Schokolade GmbH & Co. KG and Mars, Inc.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders Mars, Inc. to pay the costs. |

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