Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Second Chamber) of 10 September 2010 – MPDV Mikrolab v OHIM (ROI ANALYZER)**

**(Case T-233/08)**

Community trade mark – Application for Community word mark ROI ANALYZER – Absolute ground for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

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 27, 45-46)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2008 (Case R 1525/2006-4) concerning the registration of the word sign ROI ANALYZER as a Community trade mark. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor |
| Community trade mark sought: | Word mark ROI ANALYZER for goods and services in Classes 9, 35 and 42 – Application No 4866042 |
| Decision of the examiner: | Registration partially refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor to pay the costs. |

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