Action brought on 18 August 2008 - Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a reindeer made of chocolate)
(Case T-337/08)
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
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
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).