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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.
ECLI:EU:T:2008:475
62006TJ0256
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(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:
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.