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Case T-598/11: Action brought on 28 November 2011 — MPDV Mikrolab v OHIM (Lean Performance Index)
ECLI:EU:UNKNOWN:62011TN0598
62011TN0598
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Valentina R., lawyer
4.2.2012
EN
Official Journal of the European Union
C 32/29
(Case T-598/11)
2012/C 32/60
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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 September 2011 in Case R 131/2011-1;
—order the defendant to pay the costs of the proceedings.
Pleas in law and main arguments
Community trade mark concerned: word mark ‘Lean Performance Index’ for goods and services in Classes 9, 16, 35 and 42.
Decision of the Examiner: registration refused.
Decision of the Board of Appeal: appeal dismissed.
Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009, since the Community trade mark concerned is distinctive and not descriptive.