Source: EURLEX
Language: en
Format: md

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| 30.8.2008 | EN | Official Journal of the European Union | C 223/49 |

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Action brought on 16 June 2008 — MPDV Mikrolab v OHIM (ROI ANALYZER)

(Case T-233/08)

(2008/C 223/86)

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

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| — | Annul the decision of the Fourth Board of Appeal of OHIM of 15 April 2008 in Case R 1525/2006-4; |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘ROI ANALYZER’ for goods and services in Classes 9, 35 and 42 (Application No 4 866 042).

Decision of the Examiner: Application rejected in part.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008223EN.01004902-E0001) in that the trade mark applied for does not lack distinctive character and no requirement of availability exists for it.

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