Source: EURLEX
Language: en
Format: md

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| 20.12.2008 | EN | Official Journal of the European Union | C 327/22 |

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Judgment of the Court of First Instance of 5 November 2008 — Neoperl Servisys AG v OHIM (HONEYCOMB)

(Case T-256/06)[(1)](#ntr1-C_2008327EN.01002201-E0001)

(Community trade mark - Application for the Community word mark HONEYCOMB - Absolute grounds for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94)

(2008/C 327/39)

Language of the case: 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) (represented by: R. Pethke, acting as Agent)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 17 July 2006 (Case R 1388/2005-4) concerning an application to register the word mark HONEYCOMB as a Community trade mark.

Operative part of the judgment

The Court:

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| 1. | dismisses the action; |

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| 2. | orders Neoperl Servisys AG to pay the costs. |

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