Hop off: Lindt loses bid to trademark rabbit

Swiss chocolate maker Lindt’s chocolate rabbits are devoid of any distinctive character and cannot be registered as a trademark in the EU, according to the Union’s top court.

The Luxembourg-based European Court of Justice (ECJ) upheld the decision of the EU trademarks agency OHIM, which rejected Lindt’s application for a trademark of its sitting bunny shapes wrapped in gold foil with a red ribbon bow tie.

Lindt was seeking protection for the same bunny, minus the name, which would have given it wider rights.

Other companies, such as Aldi, also sell bunnies in gold foil, though the ruling was not specifically concerning these companies.

“The shape of a chocolate rabbit with a red ribbon cannot be registered as a community trademark,” according to a statement from the tribunal. “The Court of Justice confirms that this shape is devoid of any distinctive character.”

The General Court, the EU’s second-highest court, had already said in 2010 that the decision of OHIM was correct, leading to Lindt’s appeal before the ECJ.

“The court confirms the reasoning of the General Court which found that Lindt had not proved that distinctive character had been acquired through use across the EU,” the ECJ said in a statement.

Lindt declined to comment on the ruling beyond saying it had not yet reviewed the judgment in full.

A spokeswoman said its bunnies had been protected since 2000 because they carried a Lindt logo.

“We have built the trademark over about 20 years to make it a very strong brand, and this is the reason we want to protect it,” a spokeswoman for Lindt said.

In March, an Austrian court ruled that family-owned rival Hauswirth could no longer produce Easter bunnies that look like those made by Lindt.

Hauswirth declined to comment on the ruling.