Judgment of the General Court (First Chamber) of 17 December 2010 – Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a reindeer made of chocolate)
(Case T-337/08)
Community trade mark – Application for a three-dimensional Community trade mark – Representation of a reindeer made of chocolate – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 24, 41-42, 46-48)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 June 2008 (Case R 780/2005-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the representation of a reindeer made of chocolate. |
Information relating to the case
Applicant for the Community trade mark: |
Chocoladefabriken Lindt & Sprüngli AG |
Community trade mark sought: |
Three-dimensional mark, representing a reindeer made of chocolate, for goods in Class 30 – Application No 4098489 |
Decision of the examiner: |
Application dismissed |
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs. |