CELEX: C2006/261/55
Language: en
Date: 2006-10-28 00:00:00
Title: Case T-256/06: Action brought on 18 September 2006 — Neoperl Servisys v OHIM (HONEYCOMB)

28.10.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 261/29
            
         Action brought on 18 September 2006 — Neoperl Servisys v OHIM (HONEYCOMB)
   (Case T-256/06)
   (2006/C 261/55)
   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
   
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               annul contested decision R1388/2005-4 and order the Office for Harmonisation in the Internal Market to publish Community trade mark application No 2 906 139 for the purpose of its registration;
            
         
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               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).