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Case T-337/08: Judgment of the General Court of 17 December 2010 — Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a reindeer made of chocolate) (Community trade mark — Application for a three-dimensional Community trade mark — Representation of a reindeer made of chocolate — 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))
ECLI:EU:UNKNOWN:62008TA0337
62008TA0337
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12.2.2011
Official Journal of the European Union
C 46/9
Judgment of the General Court of 17 December 2010 — Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a reindeer made of chocolate)
(Case T-337/08) (<span class="super">1</span>)
(Community trade mark - Application for a three-dimensional Community trade mark - Representation of a reindeer made of chocolate - 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))
2011/C 46/15
Language of the case: 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) (represented by: A. Pohlmann, acting as Agent)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 12 June 2008 (Case R 780/2005-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the representation of a reindeer made of chocolate.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.
(<span class="super">1</span>) OJ C 260, 11.10.2008.