4.2.2012
EN
Official Journal of the European Union
C 32/29
Action brought on 28 November 2011 — MPDV Mikrolab v OHIM (Lean Performance Index)
(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.
Full & Egal Universal Law Academy