12.2.2011

Official Journal of the European Union

C 46/9

(Case T-336/08)(<span class="super">1</span>)

(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a chocolate rabbit with a red ribbon - 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) - Lack of distinctive character acquired through use - Article 7(3) of Regulation (EC) No 40/94 (now Article 7(3) of Regulation (EC) No 207/2009))

2011/C 46/14

Language of the case: German

Parties

Applicant: Chocoladefabriken Lindt & (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: G. Schneider, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 11 June 2008 (Case R 1332/2005-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon.

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.