Community trade mark 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) Application for a three dimensional Community trade mark Rights of the defence Shape of a chocolate mouse
Sumário
Judgment of the General Court (First Chamber) of 17 December 2010.
August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Texto da decisão
Judgment of the General Court (First Chamber) of 17 December 2010 – Storck v OHIM (Shape of a chocolate mouse)
(Case T-13/09)
Community trade mark – Application for a three-dimensional Community trade mark – Shape of a chocolate mouse – Absolute ground for refusal – No 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
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 44)
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. |
Information relating to the case
|
Applicant for the Community trade mark: |
August Storck KG |
|
Community trade mark sought: |
Three-dimensional mark, which represents a mouse made out of chocolate, for goods in Class 30 – Application No 4490447 |
|
Decision of the examiner: |
Registration refused |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders August Storck KG to pay the costs. |