Source: EURLEX
Language: en
Format: md

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| 7.11.2009 | EN | Official Journal of the European Union | C 267/67 |

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Action brought on 14 August 2009 — Audi and Volkswagen v OHIM (TDI)

(Case T-318/09)

2009/C 267/121

Language in which the application was lodged: German

Parties

Applicants: Audi AG (Ingolstadt, Germany) and Volkswagen AG (Wolfsburg, Germany) (represented by P. Kather, lawyer)

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 of 14 May 2009 (Case R 226/2007-1); |

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| — | Order the Office for Harmonisation in the Internal Market to pay the costs. |

Pleas in law and main arguments

Community trade mark concerned: The word mark ‘TDI’ for goods in Class 12 (application No 3179058)

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

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| — | Infringement of Article 7(3) of Regulation (EC) No 207/2009[(1)](#ntr1-C_2009267EN.01006701-E0001) as the mark applied for has the requisite acquired distinctiveness; |

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| — | Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has the requisite distinctive character; |

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| — | Infringement of the first clause of Article 76(1) of Regulation No 207/2009 as the defendant failed to take up the applicants’ offers of evidence; |

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| — | Infringement of Article 75 of Regulation No 207/2009. |

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