21.3.2009
EN
Official Journal of the European Union
C 69/47
Action brought on 15 January 2009 — Storck v OHIM (Mouse-shaped chocolate)
(Case T-13/09)
(2009/C 69/103)
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)
Form of order sought
—
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market of 12 November 2008 (R 185/2006-4); and
—
Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: a three-dimensional mark, which represents a mouse made out of chocolate, for goods in Class 30 (Application No 4 490 447).
Decision of the Examiner: Application refused.
Decision of the Board of Appeal: Appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), in that the trade mark applied for has the necessary distinctive character.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).
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