Order — ECLI:EU:C:2008:372
Date: 2008-06-27
Language of the case: French
Court formation: Fifth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Three-dimensional marks
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible

Order of the Court (Fifth Chamber) of 27 June 2008 - Philip Morris Products SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Case C-497/07 P) 1 (Appeal - Community trade mark - Article 7(1)(b) of Regulation (EC) No 40/94 - Three-dimensional mark representing the shape of a packet of cigarettes - Refusal to register) Language of the case: French Parties Applicant: Philip Morris Products SA (represented by: T. Van Innis, avocat) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Rassat, Agent) Re: Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-140/06 Philip Morris Products v OHIM by which the Court dismissed the action brought by the applicant against the decision of the Fourth Board of Appeal of OHIM of 24 February 2006 concerning its application for registration of the shape of a packet of cigarettes as a Community trade mark - Infringement of Articles 4 and 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) - Distinctive character of a three-dimensional shape - Ways of embodying that shape and time at which it is to be assessed Operative part of the order The appeal is dismissed; Philip Morris SA shall pay the costs. ____________ 1 - 2 - OJ C 22 of 26.1.2008.