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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