11.10.2008 |
EN |
Official Journal of the European Union |
C 260/18 |
Action brought on 25 August 2008 — Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a small bell with a red ribbon)
(Case T-346/08)
(2008/C 260/33)
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 13 June 2008 (Appeal Case R 943/2007-4); and |
— |
order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: A three-dimensional mark, representing a small bell with a red ribbon, for goods in Class 30 (Application No 4 770 831).
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).