Judgment — ECLI:EU:T:2008:475
Date: 2008-11-05
Language of the case: German
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded

Action brought on 18 September 2006 - Neoperl Servisys v OHIM (HONEYCOMB) (Case T-256/06) Language in which the application was lodged: German Parties Applicant: Neoperl Servisys AG (Reinach, Switzerland) (represented by: H. Börjes-Pestalozza, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought annul contested decision R1388/2005-4 and order the Office for Harmonisation in the Internal Market to publish Community trade mark application No 2906139 for the purpose of its registration; order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: The word mark 'HONEYCOMB' for goods in Class 11 - Application No 2 906 139. Decision of the Examiner: Refusal of the application. Decision of the Board of Appeal: Dismissal of the appeal. Pleas in law: Breach of Article 7(1)(b) and (c) of Regulation (EC) No 40/94, 1 because the sign applied for was assessed incorrectly both as a whole and in relation to its individual elements and the assessment of the relevant public was made subject to a clearly exaggerated perception of the public. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).