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26.4.2008 |
EN |
Official Journal of the European Union |
C 107/38 |
Action brought on 23 February 2008 — ars Parfum Creation & Consulting v OHIM (shape of a perfume bottle)
(Case T-104/08)
(2008/C 107/65)
Language in which the application was lodged: 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)
Form of order sought
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Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 November 2007 (Case No R 1656/2006-1); |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: the three-dimensional trade mark in the shape of a perfume bottle for goods in class 3 (Application No 4 995 361).
Decision of the Examiner: Dismissal of the application.
Decision of the Board of Appeal: Rejection of the appeal.
Pleas in law: Infringement of Article 7(1)(b) of Regulation (EC) No 40/94 (1), because the trade mark applied for has a distinctive character.
(1) Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).