CELEX: 62006TJ0256
Language: en
Date: 2008-11-05 00:00:00
Title: Judgment of the Court of First Instance (Eighth Chamber) of 5 November 2008. # Neoperl Servisys AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for the Community word mark HONEYCOMB - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 40/94. # Case T-256/06.

Judgment of the Court of First Instance (Eighth Chamber) of 5 November 2008 – Neoperl Servisys v OHIM (HONEYCOMB)
      (Case T-256/06)
      Community trade mark – Application for the Community word mark HONEYCOMB – Absolute ground for refusal – Descriptive character – Article 7(1)(c) of Regulation (EC) No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation
         No 40/94, Art. 7(1)(c)) (see paras 29-33, 39)
      
      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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Neoperl Servisys AG
            
         
               Community trade mark sought:
            
            
               Word mark HONEYCOMB for goods in Class 11 – Application No 2906139
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Neoperl Servisys AG to pay the costs.