CELEX: 62008TJ0104
Language: en
Date: 2009-05-05
Title: Judgment of the Court of First Instance (Second Chamber) of 5 May 2009. # ars Parfum Creation & Consulting GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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 . # Case T-104/08.

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.