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Document C2006/154/42
Case T-439/04: Judgment of the Court of First Instance of 3 May 2006 — Eurohypo v OHIM (EUROHYPO) (Community trade mark — Word mark EUROHYPO — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Examination of the facts by the Board of Appeal of its own motion — Article 74(1) of Regulation No 40/94 — Admissibility of facts submitted for the first time before the Court of First Instance)
Case T-439/04: Judgment of the Court of First Instance of 3 May 2006 — Eurohypo v OHIM (EUROHYPO) (Community trade mark — Word mark EUROHYPO — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Examination of the facts by the Board of Appeal of its own motion — Article 74(1) of Regulation No 40/94 — Admissibility of facts submitted for the first time before the Court of First Instance)
Case T-439/04: Judgment of the Court of First Instance of 3 May 2006 — Eurohypo v OHIM (EUROHYPO) (Community trade mark — Word mark EUROHYPO — Absolute grounds for refusal — Article 7(1)(b) of Regulation (EC) No 40/94 — Examination of the facts by the Board of Appeal of its own motion — Article 74(1) of Regulation No 40/94 — Admissibility of facts submitted for the first time before the Court of First Instance)
OB C 154, 1.7.2006, p. 16–16
(ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)
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1.7.2006 |
EN |
Official Journal of the European Union |
C 154/16 |
Judgment of the Court of First Instance of 3 May 2006 — Eurohypo v OHIM (EUROHYPO)
(Case T-439/04) (1)
(Community trade mark - Word mark EUROHYPO - Absolute grounds for refusal - Article 7(1)(b) of Regulation (EC) No 40/94 - Examination of the facts by the Board of Appeal of its own motion - Article 74(1) of Regulation No 40/94 - Admissibility of facts submitted for the first time before the Court of First Instance)
(2006/C 154/42)
Language of the case: German
Parties
Applicant: Eurohypo AG (Eschborn, Germany) (represented by: M.Kloth and C.Rohnke, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. von Mühlendahl and J. Weberndörfer, acting as Agents)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 6 August 2004 (Case R 829/2002-4) concerning the registration of the word mark EUROHYPO as a Community trade mark.
Operative part of the judgment
The Court:
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1. |
Dismisses the action. |
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2. |
Orders the applicant to pay the costs. |