This document is an excerpt from the EUR-Lex website
Document 62009TN0013
Case T-13/09: Action brought on 15 January 2009 — Storck v OHIM (Mouse-shaped chocolate)
Case T-13/09: Action brought on 15 January 2009 — Storck v OHIM (Mouse-shaped chocolate)
Case T-13/09: Action brought on 15 January 2009 — Storck v OHIM (Mouse-shaped chocolate)
OJ C 69, 21.3.2009, p. 47–47
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
21.3.2009 |
EN |
Official Journal of the European Union |
C 69/47 |
Action brought on 15 January 2009 — Storck v OHIM (Mouse-shaped chocolate)
(Case T-13/09)
(2009/C 69/103)
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)
Form of order sought
|
— |
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 12 November 2008 (R 185/2006-4); and |
|
— |
Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: a three-dimensional mark, which represents a mouse made out of chocolate, for goods in Class 30 (Application No 4 490 447).
Decision of the Examiner: Application refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), in that the trade mark applied for has the necessary distinctive character.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).