This document is an excerpt from the EUR-Lex website
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.
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.
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. |