Source: EURLEX
Language: en
Format: md

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| 26.4.2008 | EN | Official Journal of the European Union | C 107/38 |

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Action brought on 23 February 2008 — ars Parfum Creation & Consulting v OHIM (shape of a perfume bottle)

(Case T-104/08)

(2008/C 107/65)

Language in which the application was lodged: 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)

Form of order sought

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 November 2007 (Case No R 1656/2006-1); |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: the three-dimensional trade mark in the shape of a perfume bottle for goods in class 3 (Application No 4 995 361).

Decision of the Examiner: Dismissal of the application.

Decision of the Board of Appeal: Rejection of the appeal.

Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008107EN.01003802-E0001), because the trade mark applied for has a distinctive character.

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