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)
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.