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Document C2006/212/10
Case C-24/05 P: Judgment of the Court (First Chamber) of 22 June 2006 — August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Article 7(1)(b) and (3) of Regulation (EC) No 40/94 — Absolute ground for refusal to register — Three-dimensional mark — Three-dimensional shape of a light-brown sweet — Distinctive character)
Case C-24/05 P: Judgment of the Court (First Chamber) of 22 June 2006 — August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Article 7(1)(b) and (3) of Regulation (EC) No 40/94 — Absolute ground for refusal to register — Three-dimensional mark — Three-dimensional shape of a light-brown sweet — Distinctive character)
Case C-24/05 P: Judgment of the Court (First Chamber) of 22 June 2006 — August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Article 7(1)(b) and (3) of Regulation (EC) No 40/94 — Absolute ground for refusal to register — Three-dimensional mark — Three-dimensional shape of a light-brown sweet — Distinctive character)
OJ C 212, 2.9.2006, p. 6–6
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
2.9.2006 |
EN |
Official Journal of the European Union |
C 212/6 |
Judgment of the Court (First Chamber) of 22 June 2006 — August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-24/05 P) (1)
(Appeal - Community trade mark - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 - Absolute ground for refusal to register - Three-dimensional mark - Three-dimensional shape of a light-brown sweet - Distinctive character)
(2006/C 212/10)
Language of the case: German
Parties
Appellant: August Storck KG (represented by: I. Rohr, H. Wrage-Molkenthin and T. Reher, Lawyers)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 10 November 2004 in Case T-396/02 Storck v OHIM, whereby the Court of First Instance dismissed the action for annulment of the refusal to register a three-dimensional trade mark consisting of the shape of a light-brown sweet for confectionery within Class 30 — Distinctive character of a trade mark — Article 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)
Operative part of the judgment
The Court:
1. |
Dismisses the appeal; |
2. |
Orders August Storck KG to pay the costs. |