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Judgment of the Court of First Instance (Second Chamber) of 5 May 2009. # ars Parfum Creation & Consulting GmbH 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 spray bottle - Absolute ground for refusal - Lack of distinctive character - Obligation to state reasons - Articles 7(1)(b), 73 and 74(1) of Regulation (EC) No 40/94 . # Case T-104/08.
ECLI:EU:T:2009:138
62008TJ0104
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(Case T-104/08)
(Community trade mark – Application for a three-dimensional Community trade mark – Shape of a spray bottle – Absolute ground for refusal – Lack of distinctive character – Obligation to state reasons – Articles 7(1)(b), 73 and 74(1) 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 40, 42, 46)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 8 November 2007 (Case R 1656/2006-1), relating to the registration as a Community trade mark of a three-dimensional sign consisting of the shape of a spray bottle.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Three-dimensional trade mark in the shape of a perfume bottle for goods in Class 3 – Application No 4995361
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court: