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Judgment of the Court of First Instance (First Chamber) of 8 November 2007. # MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-459/05.
ECLI:EU:T:2007:336
62005TJ0459
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(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:
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.