date:May 29, 2012
y distinctive character under Article 7 (1) of Regulation No 40/94.
Only a mark that departs significantly from the norm or customs of the industry and thereby fulfils its essential function of indicating origin is not devoid of any distinctive character,said the court.
Judges J.-C. Bonichot, A. Prechal, K. Schiemann, C. Toader and E. Jaraiūnas found that OHIM and the General Court had correctly applied case law and therefore rejected Lindts appeal and ordered it to pay costs.
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