CELEX: 62008TJ0337
Community trade mark
Application for a three-dimensional Community trade mark
Representation of a reindeer made of chocolate
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)

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.