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Case T-395/08: Action brought on 22 September 2008 — Chocoladefabriken Lindt & Sprüngli v OHIM (Shape of a chocolate rabbit)
ECLI:EU:UNKNOWN:62008TN0395
62008TN0395
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6.12.2008
Official Journal of the European Union
C 313/37
(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.