Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 4.2.2012 | EN | Official Journal of the European Union | C 32/29 |

---

Action brought on 28 November 2011 — MPDV Mikrolab v OHIM (Lean Performance Index)

(Case T-598/11)

2012/C 32/60

Language of the case: German

Parties

Applicant: MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor (Mosbach, Germany) (represented by W. Göpfert, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

|  |  |
| --- | --- |
| — | annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 September 2011 in Case R 131/2011-1; |

|  |  |
| --- | --- |
| — | order the defendant to pay the costs of the proceedings. |

Pleas in law and main arguments

Community trade mark concerned: word mark ‘Lean Performance Index’ for goods and services in Classes 9, 16, 35 and 42.

Decision of the Examiner: registration refused.

Decision of the Board of Appeal: appeal dismissed.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009, since the Community trade mark concerned is distinctive and not descriptive.

---

[Top](#document1)