It is now official: the popular chocolate bunnies with red ribbons produced by Lindt may be delicious, but as a trade mark they lack distinctiveness and cannot be registered. The original Community Trade Mark application had been refused by OHIM (the European Community Trade Mark Office) and this decision was upheld by the European Union’s General Court. That has now been confirmed by the European Court of Justice. Distinctiveness must be assessed by reference to the goods or services and the relevant public. There was no evidence that distinctiveness had been acquired through use across the EU. All that remains for Lindt is to console itself with a cuddly rabbit and eat lots of chocolate – at least it knows where to find plenty of that!