Judgment — ECLI:EU:T:2007:272
Date: 2007-09-12
Language of the case: French
Court formation: Second 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 - unfounded

Judgment of the Court of First Instance of 12 September 2007 - Philips Morris Products v OHIM (Shape of a packet of cigarettes) (Affaire T-140/06) 1 (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) Language of the case: French Parties Applicant: Philip Morris Products, SA (Neuchâtel, Switzerland) (represented by: T. van Innis and C.S. Moreau, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Rassat, Agent) 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. Operative part of the judgment The action is dismissed; Philip Morris Products SA is ordered to pay the costs. ____________ 1 - OJ C 165, 15.7.2006.