CELEX: 62006TA0201
Language: en
Date: 2008-09-10 00:00:00
Title: Case T-201/06: Judgment of the Court of First Instance of 10 September 2008 — Gerson v OHIM (Paint filter partly coloured yellow) (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)

25.10.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 272/21
            
         Judgment of the Court of First Instance of 10 September 2008 — Gerson v OHIM (Paint filter partly coloured yellow)
   (Case T-201/06) (1)
   
   (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:
   
               1.
            
            
               Dismisses the action.
            
         
               2.
            
            
               Orders Louis M. Gerson Co., Inc. to pay the costs.
            
         
      (1)  OJ C 224, 16.9.2006.