CELEX: C2007/247/51
Language: en
Date: 2007-10-20 00:00:00
Title: Affaire T-140/06: Judgment of the Court of First Instance of 12 September 2007 — Philips Morris Products v OHIM (Shape of a packet of cigarettes) (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)

20.10.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 247/32
            
         Judgment of the Court of First Instance of 12 September 2007 — Philips Morris Products v OHIM (Shape of a packet of cigarettes)
   (Affaire T-140/06) (1)
   
   (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)
   (2007/C 247/51)
   Language of the case: 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) (represented by: A. Rassat, Agent)
   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.
   Operative part of the judgment
   
               1)
            
            
               The action is dismissed;
            
         
               2)
            
            
               
                  Philip Morris Products SA is ordered to pay the costs.
            
         
      (1)  OJ C 165, 15.7.2006.