CELEX: C2006/154/42
Language: en
Date: 2006-07-01 00:00:00
Title: Case T-439/04: Judgment of the Court of First Instance of  3 May 2006  — Eurohypo v OHIM (EUROHYPO) (Community trade mark — Word mark EUROHYPO — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Examination of the facts by the Board of Appeal of its own motion — Article 74(1) of Regulation No 40/94 — Admissibility of facts submitted for the first time before the Court of First Instance)

1.7.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 154/16
            
         Judgment of the Court of First Instance of 3 May 2006 — Eurohypo v OHIM (EUROHYPO)
   (Case T-439/04) (1)
   
   (Community trade mark - Word mark EUROHYPO - Absolute grounds for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Examination of the facts by the Board of Appeal of its own motion - Article 74(1) of Regulation No 40/94 - Admissibility of facts submitted for the first time before the Court of First Instance)
   (2006/C 154/42)
   Language of the case: German
   Parties
   
      Applicant: Eurohypo AG (Eschborn, Germany) (represented by: M.Kloth and C.Rohnke, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. von Mühlendahl and J. Weberndörfer, acting as Agents)
   Re:
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 August 2004 (Case R 829/2002-4) concerning the registration of the word mark EUROHYPO as a Community trade mark.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Dismisses the action.
            
         
               2.
            
            
               Orders the applicant to pay the costs.
            
         
      (1)  OJ C 45, 19.2.2005