CELEX: 62006TJ0140
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

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.