Source: EURLEX
Language: en
Format: md

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| 15.8.2008 | EN | Official Journal of the European Union | C 209/46 |

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Judgment of the Court of First Instance of 9 July 2008 — Audi v OHIM (Vorsprung durch Technik)

(Case T-70/06)[(1)](#ntr1-C_2008209EN.01004602-E0001)

(Community trade mark - Application for Community word mark Vorsprung durch Technik - Absolute ground for refusal - Lack of distinctive character - Article 7(1)(b) of Regulation (EC) No 40/94 - Partial refusal to register the mark by the examiner - Right to a fair hearing)

(2008/C 209/80)

Language of the case: German

Parties

Applicant: Audi AG (Ingolstadt, Germany) (represented by: S.O. Gillert and F. Schiwek, 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 Second Board of Appeal of OHIM of 16 December 2005 (Case R 237/2005-2) dismissing in part the appeal against the examiner's decision refusing registration of the word mark Vorsprung durch Technik for goods and services in Classes 9, 12, 14, 25, 28, 37 to 40 and 42

Operative part of the judgment

The Court:

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| 1. | dismisses the action; |

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| 2. | orders Audi AG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs). |

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