ECLI:EU:T:2007:272

Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 – Philip Morris Products v OHIM (Shape of a packet of cigarettes) (Case T-140/06) 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 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 26-27) 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. Information relating to the case Applicant for the Community trade mark: Philip Morris Products SA Community trade mark sought: Three-dimensional mark representing a packet of cigarettes for goods in Class 34 – Application No 2681351 Decision of the Examiner: Registration refused Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the appeal; 2. Orders Philip Morris Products SA to pay the costs.