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.