Judgment — ECLI:EU:T:2009:21
Date: 2009-01-28
Language of the case: German
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks
Procedure: Action for annulment - unfounded
Origin: Germany

Judgment of the Court of First Instance of 28 January 2009 - Volkswagen v OHIM (Case T-174/07) 1 (Community trade mark - Application for Community word mark TDI - Absolute ground for refusal - Descriptive character - Lack of distinctive character acquired through use - Article 7(1)(c) and (3) of Regulation (EC) No 40/94 - Article 62(2) of Regulation No 40/94 - Article 74(1) of Regulation No 40/94) Language of the case: German Parties Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: S. Risthaus, H.-P. Schrammek, C. Drzymalla and R. Jepsen, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent) Re: Action brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1479/2005-1) concerning an application for registration of the word sign TDI as a Community trade mark Operative part of the judgment The Court: 1. Dismisses the action; 2. Orders Volkswagen AG to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs). ____________ 1 - OJ C 155, 7.7.2007.