6.12.2008
EN
Official Journal of the European Union
C 313/37
Action brought on 22 September 2008 — Chocoladefabriken 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
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
—
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.
Pleas in law and main arguments
Community trade mark concerned: the three-dimensional mark in the form of a chocolate rabbit for goods in Class 30 — Application 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.
Full & Egal Universal Law Academy