Judgment of the Court (Eighth Chamber) of 6 September 2012 — August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-96/11 P) (1)

(Appeal - Community trade mark - Absolute ground for refusal - Lack of distinctive character - Three-dimensional sign consisting of the shape of a chocolate mouse)

(2012/C 331/10)

Language of the case: German

Parties

Appellant: August Storck KG (represented by: T. Reher and R.W. Staub, Rechtsanwälte)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Manea and G. Schneider, acting as Agents)

Re:

Appeal against the judgment of the General Court (First Chamber) of 17 December 2010 in Case T-13/09 Storck v OHIM, by which the General Court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 12 November 2008, rejecting the appeal filed against the decision of the Examiners refusing registration of a three-dimensional sign in the shape of a chocolate mouse as a Community trade mark for certain goods in Class 30 — Distinctive character of the mark

Operative part of the judgment

The Court:

1.	Dismisses the appeal;

2.	Orders August Storck KG to pay the costs.

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(1)  OJ C 152, 21.5.2011.