Order of the Court (Seventh Chamber) of 7 July 2011 – MPDV Mikrolab v OHIM
(Case C‑536/10 P)
Appeal – Community trade mark – Absolute ground for refusal – Lack of distinctive character – Word sign ‘ROI ANALYZER’
Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 26-27)
Re:
| Appeal against the judgment of the General Court (Second Chamber) delivered on 10 September 2010 in Case T-233/08 | MPDV Mikrolab | v | OHIM | , by which that court dismissed the action for annulment of the decision of the Fourth Board of Appeal of OHIM of 15 April 2008 dismissing the appeal against the examiner’s decision to refuse registration of the word sign ‘ROI ANALYZER’ as a Community trade mark for certain goods and services in Classes 9, 35 and 42 – Distinctive character of the mark. |
Operative part
1. |
| The appeal is dismissed as being in part manifestly inadmissible and in part manifestly unfounded. |
2. |
| MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor is ordered to pay the costs. |