Judgment of the Court of First Instance (Fourth Chamber) of 8 July 2009.

Mars, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).

Community trade mark - Invalidity proceedings - Community three-dimensional mark - Shape of a chocolate bar - 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) - Lack of distinctive character acquired through use - Article 7(3) of Regulation No 40/94 (now Article 7(3) of Regulation No 207/2009) - Right to be heard - Articles 73 and 74 of Regulation No 40/94 (now Articles 75 and 76 of Regulation No 207/2009).

Case T-28/08.

Reports of Cases

2009 II-00106*

Summary publication