Community trade mark Absolute ground for refusal Descriptive character Article 7(1)(c) of Regulation (EC) No 40/94 Application for the Community word mark HONEYCOMB
Sumário
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.
Texto da decisão
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. |