Source: EURLEX
Language: en
Format: md

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| 21.3.2009 | EN | Official Journal of the European Union | C 69/36 |

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Judgment of the Court of First Instance of 28 January 2009 — Volkswagen v OHIM

(Case T-174/07)[(1)](#ntr1-C_2009069EN.01003602-E0001)

(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 (EC) No 40/94 - Article 74(1) of Regulation (EC) No 40/94)

(2009/C 69/84)

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:

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| 1. | Dismisses the action; |

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| 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). |

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