CELEX: 62008TA0104
Language: en
Date: 2009-05-05 00:00:00
Title: Case T-104/08: Judgment of the Court of First Instance of 5 May 2009 — ars Parfum Creation & Consulting v OHIM (Shape of a spray bottle) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a spray bottle — Relative 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)

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/41
            
         Judgment of the Court of First Instance of 5 May 2009 — ars Parfum Creation & Consulting v OHIM (Shape of a spray bottle)
   (Case T-104/08) (1)
   
   (Community trade mark - Application for a three-dimensional Community trade mark - Shape of a spray bottle - Relative 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)
   2009/C 141/84
   Language of the case: 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) (represented by: R. Pethke, acting as Agent)
   
      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
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               dismisses the action;
            
         
               2.
            
            
               orders ars Parfum Creation & Consulting GmbH to pay the costs.
            
         
      (1)  OJ C 107, 26.4.2008.