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Case C-98/11 P: Judgment of the Court (Fourth Chamber) of 24 May 2012 — Chocoladefabriken Lindt & Sprüngli AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Absolute ground for refusal — No distinctive character — Three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon)
ECLI:EU:UNKNOWN:62011CA0098
62011CA0098
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Valentina R., lawyer
7.7.2012
Official Journal of the European Union
C 200/3
Judgment of the Court (Fourth Chamber) of 24 May 2012 — Chocoladefabriken Lindt & Sprüngli AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-98/11 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Absolute ground for refusal - No distinctive character - Three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon)
2012/C 200/04
Language of the case: German
Parties
Appellant: Chocoladefabriken Lindt & Sprüngli AG (represented by: R. Lange, Rechtsanwalt)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)
Re:
Appeal lodged against the judgment of the General Court (First Chamber) of 17 December 2010 — Chocoladefabriken Lindt & Sprüngli v OHIM (T-336/08), by which the General Court dismissed the action for annulment brought against the decision of the Fourth Board of Appeal of OHIM of 11 June 2008, rejecting the appeal against the decision of the Examiner to refuse registration of a three-dimensional sign consisting of the shape of a chocolate rabbit with a red ribbon as a Community trade mark for some goods in Class 30 — Distinctive character of the mark
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.
(<span class="super">1</span>) OJ C 145, 14.5.2011.
* Language of the case: German.