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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)
ECLI:EU:UNKNOWN:62006TA0201
62006TA0201
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25.10.2008
Official Journal of the European Union
C 272/21
(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)
(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.
(<span class="super">1</span>) OJ C 224, 16.9.2006.