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.
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