Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (First Chamber) of 8 November 2007 – MPDV Mikrolab v OHIM (manufacturing score card)**

**(Case T-459/05)**

Community trade mark – Community trade mark application in respect of manufacturing score card word mark – Absolute grounds for refusal – Descriptiveness – Lack of distinctive character – Article 7(1)(b) and (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 capable of serving to designate the characteristics of a product (Council
Regulation No 40/94, Art. 7(1)(c)) (see paras 25-26)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 19 October 2005 (Case R 1059/2004-2) concerning an application for registration of the manufacturing score card word mark 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 manufacturing score card for goods and services in Classes 9, 35 and 42 – Application No 3334596 |
| Decision of the Examiner: | Refusal of registration |
| 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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