CELEX: C2005/019/48
Language: en
Date: 2005-01-22 00:00:00
Title: 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) (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)

22.1.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 19/22
            
         
      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)
   
   (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:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 55 of 8.3.2003.