CELEX: 62008TJ0337
Language: en
Date: 2010-12-17 00:00:00
Title: Judgment of the General Court (First Chamber) of 17 December 2010. # Chocoladefabriken Lindt & Sprüngli AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for a three-dimensional Community trade mark - Representation of a reindeer made of chocolate - 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). # Case T-337/08.

Judgment of the General Court (First Chamber) of 17 December 2010 – Chocoladefabriken Lindt & Sprüngli v OHIM (Representation
            of a reindeer made of chocolate)
      (Case T-337/08)
      Community trade mark – Application for a three-dimensional Community trade mark – Representation of a reindeer made of chocolate – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009)
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 24, 41-42, 46-48)
      Re:
      
         
               ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 12 June 2008 (Case R 780/2005-4), concerning
                  an application for registration as a Community trade mark of a three-dimensional sign consisting of the representation of
                  a reindeer made of chocolate.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Chocoladefabriken Lindt & Sprüngli AG
            
         
               Community trade mark sought:
            
            
               Three-dimensional mark, representing a reindeer made of chocolate, for goods in Class 30 – Application No 4098489
            
         
               Decision of the examiner:
            
            
               Application dismissed
            
         
               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.