8 years after their original application to register their chocolate bunny as a three dimensional trademark, the ECJ has finally ruled against Lindt in C-98/11 P Chocoladefabriken Lindt & Spruengli v OHIM.
Neither the shape of the item, the gold foil or the pleated red ribbon round its neck were sufficient to make it “depart significantly from the norm or customs of the industry”, as dictated in the earlier General Court decision.
The ECJ also ruled that the company could not claim to have acquired the trademark through use in national markets throughout the EU.
So, no protection for the species and the proliferation of similar chocolate will continue to appear on our supermarket shelves in future.
Sally Creissen, Library and Information Services Manager