ECLI:EU:T:2008:332

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.