Order of the Court (Fifth Chamber) of 27 June 2008. – Philip Morris Products SA v European Union Intellectual Property Office.

Subject of the case

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 12 September 2007 in Case T-140/06 Philip Morris Products v OHIM by which that Court dismissed the action brought by the applicant against the decision of the Fourth Board of Appeal of OHIM of 24 February 2006 concerning its application for registration of the shape of a packet of cigarettes as a Community trade mark – Infringement of Articles 4 and 7(1)(b) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1) – Distinctive character of a three-dimensional shape – Ways of embodying that shape and time at which it is to be assessed.

Operative part

1. The appeal is dismissed;

2. Philip Morris SA shall pay the costs.