ECLI:EU:T:2010:552Judgment 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.

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.

ECLI:EU:T:2010:552Eu Chamb 01 TDec 17, 2010

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Full text

Subject of the case
Operative part

Subject of the case

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

>lt>6

Operative part

The Court:

1. Dismisses the action;

2. Orders August Storck KG to pay the costs.

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