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Europe Daily Bulletin No. 10621

26 May 2012
Contents Publication in full By article 24 / 29
SECTORAL POLICIES / (ae) jha
CJEU - Lindt & Sprüngli fail to prove distinctive character of trademark

Brussels, 25/05/2012 (Agence Europe) - The shape of a chocolate rabbit with a red ribbon cannot be registered as a Community trade mark. Contrary to the requirements of the regulation on the Community trade mark (Regulation CE No 40/94), this shape is devoid of any distinctive character.

With this ruling, delivered on 24 May (Case C-98/11 P), the Court of Justice of the EU dismissed an appeal by chocolate maker Lindt & Sprüngli AG (Germany) against the judgment of the General Court of the...

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