Source: EURLEX
Language: en
Format: md

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| 1.5.2009 | EN | Official Journal of the European Union | C 102/22 |

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Action brought on 17 February 2009 — Volkswagen AG v OHIM

(Case T-63/09)

2009/C 102/35

Language in which the application was lodged: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: H.-P. Schrammek, C. Drzymalla and S. Risthaus, lawyers)

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

Other party to the proceedings before the Board of Appeal of OHIM: Suzuki Motor Corporation

Form of order sought

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| — | Annul the decision of the Second Board of Appeal of OHIM of 9 December 2008 in Case R-749/2007-2; |

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

Pleas in law and main arguments

Applicant for a Community trade mark: Suzuki Motor Corporation

Community trade mark concerned: Word mark ‘SWIFT GTi’ for goods in Class 12 (application No 3 456 084)

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: German word mark ‘GTI’ (No 39 406 386) and international word mark ‘GTI’ (No 717 592) for goods in Class 12

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) 40/94,[(1)](#ntr1-C_2009102EN.01002201-E0001) since there is a likelihood of confusion between the two opposing marks.

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