Case T-395/08: Action brought on 22 September 2008 — Chocoladefabriken Lindt & Sprüngli v OHIM (Shape of a chocolate rabbit)
Date: 2008-09-22
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), confectionery product, trade-mark law

6.12.2008

EN

Official Journal of the European Union

C 313/37

— authorise the publication of the application for the registra-
tion of Community trade mark 4829321 in respect of those
goods as well and

— order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Representation of a horse for
goods in Classes 18, 25 and 31 — Application No 4 829 354

Pleas in law and main arguments

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Community trade mark concerned: Representation of a dog for
goods in Classes 18, 25 and 31 — Application No 4 829 321

Decision of the Examiner: Rejection of the application

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council
Regulation No 40/94 as the trade mark applied for is neither
directly nor exclusively descriptive, and has a sufficiently distinc-
tive character.

Decision of the Board of Appeal: Annulment of the contested deci-
sion as regards ‘clothing,
in
Class 25

footwear and headgear; belts’

Pleas in law: Infringement of Article 7(1)(b) and (c) of Council
Regulatin No 40/94, as the mark applied for is neither directly
nor exclusively descriptive, and has a sufficiently distinctive
character.

Action brought on 22 September 2008 — Chocolade-
fabriken Lindt & Sprüngli v OHIM (Shape of a chocolate
rabbit)

(Case T-395/08)

(2008/C 313/68)

Language in which the application was lodged: German

Action brought on 15 September 2008 — Nadine
Trautwein Rolf Trautwein v OHIM (Representation of
a horse)

Parties

(Case T-386/08)

(2008/C 313/67)

Applicant: Chocoladefabriken Lindt & Sprüngli AG (Kilchberg,
Switzerland) (represented by R. Lange, E. Schalast and G. Hild,
lawyers)

Language in which the application was lodged: German

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Parties

Applicant: Nadine Trautwein Rolf Trautwein GbR, Research
Development
(represented by C.
Czychowski, A. Nordemann and A. Dustmann)

(Leopoldshohe, Germany)

Form of order sought

— annul the decision of the Fourth Board of Appeal of the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 18 July 2008 (Case No R 419/2008-4);

— order the defendant to pay the costs.

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs)

Pleas in law and main arguments

Form of order sought

— annul the Decision of the First Board of Appeal of

the
Office for Harmonisation in the Internal Market (Trade Marks
and Designs) of 7 July 2008 in Case R 1730/2007-1
together with the decision of the examiner of 25 September
2007 and

— to authorise the publication of the application for the regis-

tration of Community trade mark 4829354;

— order the defendant to pay the costs.

Community trade mark concerned: the three-dimensional mark in
the form of a chocolate rabbit for goods in Class 30 — Applica-
tion No 3 664 372

Decision of the Examiner: Rejection of the application

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: The mark applied for is unusual, has the function of
indicating origin and has the necessary distinctive character.