Source: EURLEX
Language: en
Format: md

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| 25.10.2008 | EN | Official Journal of the European Union | C 272/21 |

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Judgment of the Court of First Instance of 10 September 2008 — Gerson v OHIM (Paint filter partly coloured yellow)

(Case T-201/06)[(1)](#ntr1-C_2008272EN.01002101-E0001)

(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)

(2008/C 272/38)

Language of the case: English

Parties

Applicant: Louis M. Gerson Co., Inc., (Middleboro, Massachusetts, United States) (represented by: M. Edenborough, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño, Agent)

Re:

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action. |

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| 2. | Orders Louis M. Gerson Co., Inc. to pay the costs. |

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