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

(Case T-233/08)

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 Fourth Board of Appeal of OHIM of 15 April 2008 in Case R 1525/2006-4;

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 40/94¹ in that the trade mark applied for does not lack distinctive character and no requirement of availability exists for it.

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¹ - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).