Judgment — ECLI:EU:T:2010:550
Date: 2010-12-17
Language of the case: German
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Judgment of the General Court of 17 December 2010 - Chocoladefabriken Lindt & Sprüngli v OHIM (Shape of a chocolate rabbit) (Case T-395/08) 1 (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)) Language of the case: German Parties Applicant: Chocoladefabriken Lindt & Sprüngli AG (Kilchberg, Switzerland) (represented by: R. Lange, E. Schalast and G. Hild, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent) 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. Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs. ____________ 1 - OJ C 313, 6.12.2008.