Community trade mark Lack of distinctive character Application for a three dimensional Community trade mark Absolute grounds for refusal Refusal of registration Article 7(1)(b) of Regulation (EC) No 40/94 Shape of a packet of cigarettes
Sumário
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.
Texto da decisão
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. |