Community trade mark - Application for Community word mark ROI ANALYZER - Absolute ground for refusal - Descriptive character - Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009).

Judgment of the General Court (Second Chamber) of 10 September 2010 – MPDV Mikrolab v OHIM (ROI ANALYZER) (Case T-233/08) Community trade mark – Application for Community word mark ROI ANALYZER – Absolute ground for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009) Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 27, 45-46) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2008 (Case R 1525/2006-4) concerning the registration of the word sign ROI ANALYZER 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 ROI ANALYZER for goods and services in Classes 9, 35 and 42 – Application No 4866042 Decision of the examiner: Registration partially refused 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.