Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 28 January 2009 – Volkswagen v OHIM (TDI)**

**(Case T-174/07)**

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

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation
No 40/94, Art. 7(1)(c)) (see paras 30, 33, 47, 49-51)

**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. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Volkswagen AG |
| Community trade mark sought: | Word mark TDI for goods and services in classes 4, 7 and 37 – Application No 842302 |
| Decision of the Examiner: | Registration refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

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). |

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