CELEX: 62006TJ0070
Community trade mark
Application for Community word mark Vorsprung durch Technik
Absolute ground for refusal
Lack of distinctive character
Article 7(1)(b) of Regulation (EC) No 40/94
Partial refusal to register the mark by the examiner
Right to a fair hearing

ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 December 2005 (Case R 237/2005-2) dismissing
in part the appeal against the examiner’s decision refusing registration of the word mark Vorsprung durch Technik for goods
and services in Classes 9, 12, 14, 25, 28, 37 to 40 and 42.
Information relating to the case
Applicant for the Community trade mark:
Audi AG
Community trade mark sought:
Word mark Vorsprung durch Technik for goods and services in Classes 9, 12, 14, 16, 18, 25, 28, 35 to 43 and 45 – Application
No 3016292
Decision of the examiner:
Registration partially dismissed
Decision of the Board of Appeal:
Appeal partially dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Audi AG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade
Marks and Designs) (OHIM).