Judgment — ECLI:EU:T:2009:138
Date: 2009-05-05
Language of the case: German
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
Origin: Germany

Judgment of the Court of First Instance of 5 May 2009 - ars Parfum Creation & Consulting v OHIM (Shape of a spray bottle) (Case T-104/08) 1 (Community trade mark - Application for a three-dimensional Community trade mark - Shape of a spray bottle - Relative 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 ) Language of the case: German Parties Applicant: ars Parfum Creation & Consulting GmbH (Cologne, Germany) (represented by: A. Späth and G. Hasselblatt, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: R. Pethke, acting as Agent) Re: 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 Operative part of the judgment The Court: 1. dismisses the action; 2. orders ars Parfum Creation & Consulting GmbH to pay the costs. ____________ 1 - OJ C 107, 26.4.2008.