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Case T-598/11: Judgment of the General Court of 12 June 2013 — MPDV Mikrolab v OHIM (Lean Performance Index) (Community Trade mark — Application for Community word mark Lean Performance Index — Absolute grounds for refusal — Descriptive character — Lack of distinctive character — Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
ECLI:EU:UNKNOWN:62011TA0598
62011TA0598
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Official Journal of the European Union
C 225/73
(Case T-598/11)(<span class="super">1</span>)
(Community Trade mark - Application for Community word mark Lean Performance Index - Absolute grounds for refusal - Descriptive character - Lack of distinctive character - Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)
2013/C 225/162
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) (OHIM) (represented by: G. Marten and R. Pethke, Agents)
Objet
Appeal against the decision of the First Board of Appeal of OHIM of 15 September 2011 (Case R 131/2011-1) concerning an application for registration of the word mark Lean Performance Index as a Community trade mark.
Operative part
The Court:
1.Dismisses the appeal;
2.Orders MPDV Mikrolab GmbH to pay the costs.
(<span class="super">1</span>) OJ C 32, 4.2.2012.