CELEX: 62009TA0013
Language: en
Date: 2010-12-17 00:00:00
Title: Case T-13/09: Judgment of the General Court of 17 December 2010 — Storck v OHIM (Shape of a chocolate mouse) (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)

12.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 46/11
            
         Judgment of the General Court of 17 December 2010 — Storck v OHIM (Shape of a chocolate mouse)
   (Case T-13/09) (1)
   
   (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)
   2011/C 46/19
   Language of the case: German
   
      Parties
   
   
      Applicant: August Storck KG (Berlin, Germany) (represented by: P. Goldenbaum, T. Melchert and I. Rohr, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: initially G. Schneider, then G. Schneider and R. Manea, acting as Agents)
   
      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.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.
            
         
      (1)  OJ C 69, 21.3.2009.