CELEX: 62009TJ0013
Language: en
Date: 2010-12-17
Title: Judgment of the General Court (First Chamber) of 17 December 2010. # August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a three-dimensional Community trade mark - Shape of a chocolate mouse - 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) - Rights of the defence. # Case T-13/09.

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.