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Document 62006TA0201
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)
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)
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)
OJ C 272, 25.10.2008, p. 21–21
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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:
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1. |
Dismisses the action. |
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2. |
Orders Louis M. Gerson Co., Inc. to pay the costs. |