Action brought on 23 February 2008 - ars Parfum Creation & Consulting v OHIM (shape of a perfume bottle)
(Case T-104/08)
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
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);
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).