This document is an excerpt from the EUR-Lex website
Document C2005/019/47
Judgment of the Court of First Instance of 10 November 2004 in Case T-396/02: August Storck KG v Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a sweet — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation (EC) No 40/94)
Judgment of the Court of First Instance of 10 November 2004 in Case T-396/02: August Storck KG v Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a sweet — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation (EC) No 40/94)
Judgment of the Court of First Instance of 10 November 2004 in Case T-396/02: August Storck KG v Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) (Community trade mark — Three-dimensional mark — Shape of a sweet — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Distinctive character acquired through use — Article 7(3) of Regulation (EC) No 40/94)
SL C 19, 22.1.2005, p. 22–22
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
|
22.1.2005 |
EN |
Official Journal of the European Union |
C 19/22 |
JUDGMENT OF THE COURT OF FIRST INSTANCE
of 10 November 2004
in Case T-396/02: August Storck KG v Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) (1)
(Community trade mark - Three-dimensional mark - Shape of a sweet - Absolute grounds for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94)
(2005/C 19/47)
Language of the case: German
In Case T-396/02: August Storck KG, established in Berlin, represented by H. Wrage-Molkenthin, T. Reher, A. Heise and I. Rohr, lawyers, with an address for service in Luxembourg against Office for Harmonisation in the Internal Market (Trade marks and Designs) (OHIM) (Agents: B. Müller and G. Schneider) – action for annulment of the decision of the Fourth Board of Appeal of OHIM of 14 October 2002 (Case R 187/2001-4), refusing registration of a three-dimensional mark comprised of the shape of a light-brown sweet – the Court of First Instance (Fourth Chamber), composed of H. Legal, President, V. Tiili and M. Vilaras, Judges; B. Pastor, Deputy Registrar, for the Registrar, has given a judgment on 10 November 2004, in which it:
|
1. |
Dismisses the action; |
|
2. |
Orders the applicant to pay the costs. |