CELEX: 62008TA0336
Language: en
Date: 2010-12-17 00:00:00
Title: Case T-336/08: Judgment of the General Court of 17 December 2010 — Chocoladefabriken Lindt & v OHIM (Shape of a chocolate rabbit with a red ribbon) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a chocolate rabbit with a red ribbon — 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))

12.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 46/9
            
         Judgment of the General Court of 17 December 2010 — Chocoladefabriken Lindt & v OHIM (Shape of a chocolate rabbit with a red ribbon)
   (Case T-336/08) (1)
   
   (Community trade mark - Application for a three-dimensional Community trade mark - Shape of a chocolate rabbit with a red ribbon - 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))
   2011/C 46/14
   Language of the case: German
   
      Parties
   
   
      Applicant: Chocoladefabriken Lindt & (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 11 June 2008 (Case R 1332/2005-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.
            
         
      (1)  OJ C 260, 11.10.2008.