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:

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.