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


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)


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:


dismisses the action;


orders ars Parfum Creation & Consulting GmbH to pay the costs.

(1)  OJ C 107, 26.4.2008.