CELEX: 62008TJ0104
Community trade mark
Application for a three-dimensional Community trade mark
Shape of a spray bottle
Absolute ground for refusal
Lack of distinctive character
Obligation to state reasons
Articles 7(1)(b), 73 and 74(1) of Regulation (EC) No 40/94

ACTION brought against the decision of the First Board of Appeal of OHIM of 8 November 2007 (Case R 1656/2006-1), relating
to the registration as a Community trade mark of a three-dimensional sign consisting of the shape of a spray bottle.
Information relating to the case
Applicant for the Community trade mark:
ars Parfum Creation & Consulting GmbH
Community trade mark sought:
Three-dimensional trade mark in the shape of a perfume bottle for goods in Class 3 – Application No 4995361
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.         Dismisses the action;
2.         Orders ars Parfum Creation & Consulting GmbH to pay the costs.