Order of the Court (Eighth Chamber) of 6 February 2009 – MPDV Mikrolab v OHIM

(Case C‑17/08 P)

Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(c) – Refusal of registration – Word mark ‘manufacturing score card’ – Descriptive character

Appeals – Grounds – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 27)

Re:

Appeal against the judgment of the Court of First Instance (First Chamber) of 8 November 2007 in Case T-459/05

MPDV Mikrolab

v

OHIM

(

manufacturing score card

), by which the Court of First Instance dismissed the action for annulment of the decision of the Second Board of Appeal of OHIM of 19 October 2005, which rejected the appeal against the decision of the examiner refusing registration of the word mark ‘manufacturing score card’ for goods and services in Classes 9, 35 and 42 – Distinctive character of a word mark consisting of words each of which is descriptive of the characteristics of the goods or services concerned.

Operative part

1.

The appeal is dismissed.

2.

MPDV Mikrolab GmbH is ordered to pay the costs.