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Document 62008TJ0346

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 - Representation of a small bell with a red ribbon - 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).
Case T-346/08.

European Court Reports 2010 II-00294*

ECLI identifier: ECLI:EU:T:2010:548





Judgment of the General Court (First Chamber) of 17 December 2010 – Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a small bell with a red ribbon)

(Case T-346/08)

Community trade mark – Application for a three-dimensional Community trade mark – Representation of a small bell with a red ribbon – 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 25, 36, 40)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 June 2008 (Case R 943/2007-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the representation of a small bell with a red ribbon.

Information relating to the case

Applicant for the Community trade mark:

Chocoladefabriken Lindt & Sprüngli AG

Community trade mark sought:

Three-dimensional mark, representing a small bell with a red ribbon, for goods in Class 30 – Application No 4770831

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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