ECLI:EU:T:2008:475

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.