CELEX: 62006TJ0201
Community trade mark
Application for a three-dimensional Community trade mark
Paint filter partly coloured yellow
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 15 May 2006 (Case R 1387/2005‑2) concerning an
application for registration as a Community trade mark of a three‑dimensional sign consisting of a paint filter coloured yellow
near the tip.
Information relating to the case
Applicant for the Community trade mark:
Louis M. Gerson Co., Inc.
Community trade mark sought:
Three dimensional mark relating to a paint filter partly coloured yellow for products and services in Classes 16 and 21 –
Application No 3969367
Decision of the examiner:
Registration refused
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Louis M. Gerson Co., Inc. to pay the costs.