CELEX: 62006TJ0140
Language: en
Date: 2007-09-12 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 12 September 2007. # Philip Morris Products SA 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 packet of cigarettes - Refusal of registration - Absolute grounds for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94. # Case T-140/06.

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.