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Order of the Court (Fifth Chamber) of 27 June 2008. # Philip Morris Products SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Article 7(1)(b) of Regulation (EC) No 40/94 - Three-dimensional mark representing the shape of a packet of cigarettes - Refusal to register. # Case C-497/07 P.
ECLI:EU:C:2008:372
62007CO0497
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(Case C‑497/07 P)
Appeal – Community trade mark – Article 7(1)(b) of Regulation (EC) No 40/94 – Three-dimensional mark representing the shape of a packet of cigarettes – Refusal to register
Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character – Three-dimensional mark constituted by the shape of the product (Council Regulation No 40/94, Art. 7(1)(b)) (see para. 25)
Re:
Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-140/06 Philip Morris Products v OHIM by which that Court dismissed the action brought by the applicant against the decision of the Fourth Board of Appeal of OHIM of 24 February 2006 concerning its application for registration of the shape of a packet of cigarettes as a Community trade mark – Infringement of Articles 4 and 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) – Distinctive character of a three-dimensional shape – Ways of embodying that shape and time at which it is to be assessed.
Operative part
1.The appeal is dismissed;
2.Philip Morris SA shall pay the costs.