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Valentina R., lawyer
Community trade mark – Application for a three-dimensional Community trade mark – Representation of a small bell with a red ribbon – 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 25, 36, 40)
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 June 2008 (Case R 943/2007-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the representation of a small bell with a red ribbon.
Applicant for the Community trade mark:
Community trade mark sought:
Three-dimensional mark, representing a small bell with a red ribbon, for goods in Class 30 – Application No 4770831
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
The Court:
1.Dismisses the action;
2.Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.