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Case T-336/08: Judgment of the General Court of 17 December 2010 — Chocoladefabriken Lindt & v OHIM (Shape of a chocolate rabbit with a red ribbon) (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))
ECLI:EU:UNKNOWN:62008TA0336
62008TA0336
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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.