Source: EURLEX
Language: en
Format: md

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| 7.7.2007 | EN | Official Journal of the European Union | C 155/40 |

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Action brought on 21 May 2007 — Volkswagen AG v OHIM

(Case T-174/07)

(2007/C 155/73)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by S. Risthaus, Rechtsanwalt)

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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2007, notified on 23 March 2007 (Case R 1479/2005-1); |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘TDI’ for goods and services in classes 4, 7 and 37.

Decision of the Examiner: Refusal of the application.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law:

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| — | Infringement of Article 62(2) of Regulation (EC) No 40/94 by disregarding the decision of the Board of Appeal of 12 May 2003 in Case R 53/2002-4; |

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| — | Infringement of the first sentence of Article 74(1) of Regulation No 40/94 by improperly examining the facts of its own motion; |

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| — | Infringement of Article 7(1)(b) of Regulation No 40/94 by deciding that the trade mark applied for is devoid of any distinctive character; |

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| — | Infringement of Article 7(1)(c) of Regulation No 40/94 by deciding that the mark applied for has a descriptive function; |

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| — | Infringement of Article 7(3) of Regulation No 40/94 by deciding that the trade mark applied for has not become distinctive in consequence of the use which has been made of it. |

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