Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Philip Morris Products v OHIM (Shape of a packet of cigarettes)
(Case T-140/06)
Community trade mark – Application for a three-dimensional Community trade mark – Shape of a packet of cigarettes – Refusal of registration – Absolute grounds for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 26-27)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM), of 24 February 2006, (Case R 0075/2005-4) concerning registration of the shape of a packet of cigarettes as a Community trade mark.
Information relating to the case
Applicant for the Community trade mark:
Philip Morris Products SA
Community trade mark sought:
Three-dimensional mark representing a packet of cigarettes for goods in Class 34 – Application No 2681351
Decision of the Examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders Philip Morris Products SA to pay the costs.
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