Notice for the OJ

 

Judgment of the Court of First Instance of 10 November 2004 in Case T-402/02: August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) ¹

(Community trade mark - Figurative mark representing the form of a twisted wrapper (shape of a sweet wrapper) - Subject-matter of the application - Absolute ground for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Distinctive character acquired though use - Article 7(3) of Regulation (EC) No 40/94 - Right to be heard - Article 73(1) of Regulation (EC) No 40/94 - Examination of the facts by OHIM of its own motion - Article 74(1) of Regulation (EC) No 40/94)

    (Language of the case: German)

In Case T-402/02: August Storck KG, established in Berlin (Germany), 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 Second Board of Appeal of OHIM of 18 October 2002 (Case R 0256/2001-2) refusing registration of a trade mark representing a twisted wrapper (shape of a sweet wrapper) ( 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:

Dismisses the action;

Orders the applicant to pay the costs.

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¹ - OJ C 55 of 8.3.2003.