CELEX: 62008TJ0395
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)

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.