Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 5 May 2009 – ars Parfum Creation & Consulting v OHIM (Shape of
a spray bottle)**

**(Case T-104/08)**

(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 )

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 40, 42, 46)

**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. |

**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.

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