Swiss chocolate maker Lindt's chocolate rabbits are devoid of any distinctive character and cannot be registered as a trademark in the EU, the union's top court said today.

The Luxembourg-based European Union 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.

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.

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

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

Reuters