30.8.2008

Official Journal of the European Union

C 223/49

Action brought on 16 June 2008 — MPDV Mikrolab v OHIM (ROI ANALYZER)

(Case T-233/08)

(2008/C 223/86)

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 Fourth Board of Appeal of OHIM of 15 April 2008 in Case R 1525/2006-4;

—	Order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Word mark ‘ROI ANALYZER’ for goods and services in Classes 9, 35 and 42 (Application No 4 866 042).

Decision of the Examiner: Application rejected in part.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (1) in that the trade mark applied for does not lack distinctive character and no requirement of availability exists for it.

(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).