Judgment of the General Court (Fourth Chamber) of 10 September 2008

Data

Court: General Court

Case date: 10 september 2008

Uitspraak

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.