Community trade mark - Application for a three-dimensional Community trade mark - Representation of a small bell with a red ribbon - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009).

Judgment of the General Court (First Chamber) of 17 December 2010 – Chocoladefabriken Lindt & Sprüngli v OHIM (Representation of a small bell with a red ribbon) (Case T-346/08) Community trade mark – Application for a three-dimensional Community trade mark – Representation of a small bell with a red ribbon – Absolute ground for refusal – No distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 (now Article 7(1)(b) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 25, 36, 40) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 13 June 2008 (Case R 943/2007-4), concerning an application for registration as a Community trade mark of a three-dimensional sign consisting of the representation of a small bell with a red ribbon. Information relating to the case Applicant for the Community trade mark: Chocoladefabriken Lindt & Sprüngli AG Community trade mark sought: Three-dimensional mark, representing a small bell with a red ribbon, for goods in Class 30 – Application No 4770831 Decision of the examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Chocoladefabriken Lindt & Sprüngli AG to pay the costs.