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Document C2006/261/55
Case T-256/06: Action brought on 18 September 2006 — Neoperl Servisys v OHIM (HONEYCOMB)
Case T-256/06: Action brought on 18 September 2006 — Neoperl Servisys v OHIM (HONEYCOMB)
Case T-256/06: Action brought on 18 September 2006 — Neoperl Servisys v OHIM (HONEYCOMB)
OJ C 261, 28.10.2006, p. 29–29
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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28.10.2006 |
EN |
Official Journal of the European Union |
C 261/29 |
Action brought on 18 September 2006 — Neoperl Servisys v OHIM (HONEYCOMB)
(Case T-256/06)
(2006/C 261/55)
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
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annul contested decision R1388/2005-4 and order the Office for Harmonisation in the Internal Market to publish Community trade mark application No 2 906 139 for the purpose of its registration; |
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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.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).