Source: EURLEX
Language: en
Format: md

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| 11.10.2008 | EN | Official Journal of the European Union | C 260/18 |

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Action brought on 25 August 2008 — Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a small bell with a red ribbon)

(Case T-346/08)

(2008/C 260/33)

Language in which the application was lodged: 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)

Form of order sought

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| — | annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 13 June 2008 (Appeal Case R 943/2007-4); and |

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| — | order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: A three-dimensional mark, representing a small bell with a red ribbon, for goods in Class 30 (Application No 4 770 831).

Decision of the Examiner: Rejection of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008260EN.01001801-E0001), as the mark applied for has the necessary distinctive character and its availability does not have to be preserved.

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