Action brought on 8 May 2006 - Philip Morris Products v OHIM (Shape of a packet of cigarettes)

(Case T-140/06)

Language in which the appeal was lodged: 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) (OHIM)

Form of order sought

principally, annulment of the contested decision and an order that OHIM bear the costs;

in the alternative, appointment of an expert or a board of experts entrusted with the tasks proposed by the applicant and order that OHIM will be required to advance the costs incurred in the performance of those tasks.

Pleas in law and main arguments

Community trade mark concerned: Three-dimensional trade mark representing a packet of cigarettes for goods in Class 34 (application No. 2 681 351)

Decision of the Examiner: registration refused

Decision of the Board of Appeal: appeal rejected

Pleas in law: Infringement of Article 7(1)(b) of Council Regulation No 40/94. The applicant contends that the trade mark has a sufficiently distinctive character and cannot be said to be common to all the goods in question.

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