Community trade mark Absolute ground for refusal Lack of distinctive character Application for a three dimensional Community trade mark Article 7(1)(b) of Regulation (EC) No 40/94 Paint filter partly coloured yellow
Sumário
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.
Texto da decisão
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. |