Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Philip Morris Products v OHIM (Shape of a
packet of cigarettes)**

**(Case T-140/06)**

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

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 26-27)

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Philip Morris Products SA |
| Community trade mark sought: | Three-dimensional mark representing a packet of cigarettes for goods in Class 34 – Application No 2681351 |
| Decision of the Examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the appeal; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Philip Morris Products SA to pay the costs. |

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