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Document 62008TA0104
Case T-104/08: Judgment of the Court of First Instance of 5 May 2009 — ars Parfum Creation & Consulting v OHIM (Shape of a spray bottle) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a spray bottle — Relative 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: Judgment of the Court of First Instance of 5 May 2009 — ars Parfum Creation & Consulting v OHIM (Shape of a spray bottle) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a spray bottle — Relative 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: Judgment of the Court of First Instance of 5 May 2009 — ars Parfum Creation & Consulting v OHIM (Shape of a spray bottle) (Community trade mark — Application for a three-dimensional Community trade mark — Shape of a spray bottle — Relative 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)
OJ C 141, 20.6.2009, p. 41–41
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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20.6.2009 |
EN |
Official Journal of the European Union |
C 141/41 |
Judgment of the Court of First Instance of 5 May 2009 — ars Parfum Creation & Consulting v OHIM (Shape of a spray bottle)
(Case T-104/08) (1)
(Community trade mark - Application for a three-dimensional Community trade mark - Shape of a spray bottle - Relative 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)
2009/C 141/84
Language of the case: 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) (represented by: R. Pethke, acting as Agent)
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
Operative part of the judgment
The Court:
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1. |
dismisses the action; |
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2. |
orders ars Parfum Creation & Consulting GmbH to pay the costs. |