CELEX: 62008TN0104
Language: en
Date: 2008-02-23 00:00:00
Title: Case T-104/08: Action brought on 23 February 2008 — ars Parfum Creation & Consulting v OHIM (shape of a perfume bottle)

26.4.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 107/38
            
         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
   
               —
            
            
               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);
            
         
               —
            
            
               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), because the trade mark applied for has a distinctive character.
   
      (1)  Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).