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)  OJ C 69, 21.3.2009.