This document is an excerpt from the EUR-Lex website
Document 62009TA0013
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)
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)
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)
OJ C 46, 12.2.2011, p. 11–11
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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1. |
Dismisses the action; |
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2. |
Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs. |