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Case T-440/13: Judgment of the General Court of 11 December 2014 — ‘Millano’ Krzysztof Kotas v OHIM (Shape of a box of chocolates) (Community trade mark — Application for three-dimensional Community trade mark — Shape of a box of chocolates — Absolute ground for refusal — Lack of distinctive character — Article 7(1)(b) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62013TA0440
62013TA0440
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Official Journal of the European Union
C 46/49
(Case T-440/13)(1)
((Community trade mark - Application for three-dimensional Community trade mark - Shape of a box of chocolates - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 207/2009))
(2015/C 046/61)
Language of the case: Polish
Parties
Applicant: Zakład Wyrobów Cukierniczych ‘Millano’ Krzysztof Kotas (Przeźmierowo, Poland) (represented by: B. Kański, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, acting as Agent)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 22 May 2013 (Case R 755/2012-2) concerning an application for registration of a three-dimensional sign consisting in the shape of a box of chocolates as a Community trade mark.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Zakład Wyrobów Cukierniczych ‘Millano’ Krzysztof Kotas to bear its own costs and those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
(1) OJ C 344, 23.11.2013.