Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Gerson v OHIM (Paint filter partly coloured
yellow)**

**(Case T-201/06)**

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

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 23-26)

**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. |

**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. |

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