Source: EURLEX
Language: en
Format: md

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| 15.7.2006 | EN | Official Journal of the European Union | C 165/32 |

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Action brought on 8 May 2006 — Philip Morris Products v OHIM (Shape of a packet of cigarettes)

(Case T-140/06)

(2006/C 165/63)

Language in which the appeal was lodged: 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) (OHIM)

Form of order sought

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| — | principally, annulment of the contested decision and an order that OHIM bear the costs; |

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| — | in the alternative, appointment of an expert or a board of experts entrusted with the tasks proposed by the applicant and order that OHIM will be required to advance the costs incurred in the performance of those tasks. |

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional trade mark representing a packet of cigarettes for goods in Class 34 (application No. 2 681 351)

Decision of the Examiner: registration refused

Decision of the Board of Appeal: appeal rejected

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94. The applicant contends that the trade mark has a sufficiently distinctive character and cannot be said to be common to all the goods in question.

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