ECLI:EU:T:2007:336

Judgment of the Court of First Instance (First Chamber) of 8 November 2007 – MPDV Mikrolab v OHIM (manufacturing score card) (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: MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor 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.