CELEX: 62008TJ0395
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 - 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). # Case T-395/08.

Judgment of the General Court (First Chamber) of 17 December 2010 – Chocoladefabriken Lindt & Sprüngli v OHIM (Shape of a
            chocolate rabbit)
      (Case T-395/08)
      Community trade mark – Application for a three-dimensional Community trade mark – Shape of a chocolate rabbit – 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) – No distinctive character acquired through use – Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) 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 (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 25, 46-47)
      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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Chocoladefabriken Lindt & Sprüngli AG
            
         
               Community trade mark sought:
            
            
               Three-dimensional mark in the form of a chocolate rabbit for goods in Class 30 – Application No 3664372
            
         
               Decision of the examiner:
            
            
               Registration refused 
            
         
               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.