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:

1.

Dismisses the action.

2.

Orders the applicant to pay the costs.


(1)  OJ C 45, 19.2.2005