CELEX: 62006TJ0201
Language: en
Date: 2008-09-10
Title: Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008. # Louis M. Gerson Co., Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-201/06.

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.