Judgment of the Court (First Chamber) of 22 June 2006 — August Storck KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)

(Case C-24/05 P) (1)

(Appeal - Community trade mark - Article 7(1)(b) and (3) of Regulation (EC) No 40/94 - Absolute ground for refusal to register - Three-dimensional mark - Three-dimensional shape of a light-brown sweet - Distinctive character)

(2006/C 212/10)

Language of the case: German

Parties

Appellant: August Storck KG (represented by: I. Rohr, H. Wrage-Molkenthin and T. Reher, Lawyers)

Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 10 November 2004 in Case T-396/02 Storck v OHIM, whereby the Court of First Instance dismissed the action for annulment of the refusal to register a three-dimensional trade mark consisting of the shape of a light-brown sweet for confectionery within Class 30 — Distinctive character of a trade mark — Article 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)

Operative part of the judgment

The Court:

(1)  OJ C 69, 19.03.2005.