Action brought on 18 September 2006 - Neoperl Servisys v OHIM

(HONEYCOMB)

(Case T-256/06)

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

annul contested decision R1388/2005-4 and order the Office for Harmonisation in the Internal Market to publish Community trade mark application No 2906139 for the purpose of its registration;

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.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).