CELEX: 62008TA0028
Language: en
Date: 2009-07-08 00:00:00
Title: Case T-28/08: Judgment of the Court of First Instance of 8 July 2009 — Mars v OHIM — Ludwig Schokolade (Shape of a chocolate bar) (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))

29.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 205/34
            
         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)
   
   (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:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Mars, Inc. to pay the costs.
            
         
      (1)  OJ C 92, 12.4.2008.