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Case T-256/06: Judgment of the Court of First Instance of 5 November 2008 — Neoperl Servisys AG v OHIM (HONEYCOMB) (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)
ECLI:EU:UNKNOWN:62006TA0256
62006TA0256
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Official Journal of the European Union
C 327/22
(Case T-256/06)(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:
1.dismisses the action;
2.orders Neoperl Servisys AG to pay the costs.
* * *
(1) OJ C 261 of 28.10.2006.