Judgment of the Court of First Instance of 12 September 2007 — Philips Morris Products v OHIM (Shape of a packet of cigarettes)

(Affaire T-140/06) (1)

(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)

(2007/C 247/51)

Language of the case: French

Parties

Applicant: Philip Morris Products, SA (Neuchâtel, Switzerland) (represented by: T. van Innis and C.S. Moreau, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Rassat, Agent)

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.

Operative part of the judgment

(1)  OJ C 165, 15.7.2006.