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11.10.2008 |
EN |
Official Journal of the European Union |
C 260/17 |
Action brought on 18 August 2008 — Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a reindeer made of chocolate)
(Case T-337/08)
(2008/C 260/32)
Language in which the application was lodged: 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)
Form of order sought
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annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2008 (Appeal Case R 780/2005-4); and |
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order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: A three-dimensional mark, representing a reindeer made of chocolate, for goods in Class 30 (Application No 4 098 489).
Decision of the Examiner: Rejection of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1), as the mark applied for has the necessary distinctive character and its availability does not have to be preserved.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).