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Document 62008TJ0395

    Judgment of the General Court (First Chamber) of 17 December 2010.
    Chocoladefabriken Lindt & Sprüngli AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
    Community trade mark - Application for a three-dimensional Community trade mark - Shape of a chocolate rabbit - 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 (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009).
    Case T-395/08.

    Izvješća Suda EU-a 2010 II-00296*

    ECLI identifier: ECLI:EU:T:2010:550





    Judgment of the General Court (First Chamber) of 17 December 2010 – Chocoladefabriken Lindt & Sprüngli v OHIM (Shape of a chocolate rabbit)

    (Case T-395/08)

    Community trade mark – Application for a three-dimensional Community trade mark – Shape of a chocolate rabbit – 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) – No distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) 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 (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 25, 46-47)

    Re:

    ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 18 July 2008 (Case R 419/2008-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a chocolate rabbit.

    Information relating to the case

    Applicant for the Community trade mark:

    Chocoladefabriken Lindt & Sprüngli AG

    Community trade mark sought:

    Three-dimensional mark in the form of a chocolate rabbit for goods in Class 30 – Application No 3664372

    Decision of the examiner:

    Registration refused

    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.

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