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.