Source: EURLEX
Language: en
Format: md

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| 22.4.2006 | EN | Official Journal of the European Union | C 96/30 |

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Action brought on 28 February 2006 — Audi Aktiengesellschaft v OHIM

(Case T-70/06)

(2006/C 96/48)

Language in which the application was lodged: German

Parties

Applicant: Audi Aktiengesellschaft (Ingolstadt, Germany) (represented by O. Gillert, F. Schiwek, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2005 (Case R 237/2005-2); |

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| — | order the defendant to pay the costs of this action. |

Pleas in law and main arguments

Community trade mark concerned: Word Mark ‘Vorsprung durch Technik’ for goods and services in Classes 9, 12, 14, 16, 18, 25, 28, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 45 — Application no. 3 016 292

Decision of the Examiner: Partial rejection of the application

Decision of the Board of Appeal: Partial rejection of the appeal

Pleas in law: Infringement of Article 7(1)(b) of EC Regulation 40/94, as the mark applied for is sufficiently distinct and the contested decision does not contain any findings regarding the relevant public.

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