Source: EURLEX
Language: en
Format: md

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| 8.3.2008 | EN | Official Journal of the European Union | C 64/57 |

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Action brought on 7 January 2008 — Volkswagen v OHIM (CAR SILHOUETTE III)

(Case T-9/08)

(2008/C 64/92)

Language in which the application was lodged: German

Parties

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

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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 November 2007, notified on 9 November 2007, in appeal case R 1306/2007-4; |

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

Pleas in law and main arguments

Community trade mark concerned: The international figurative mark ‘CAR SILHOUETTE III’ for goods in Class 12 (international registration, designating the European Community, No W 878 349).

Decision of the Examiner: Refusal of protection.

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

Pleas in law:

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| — | Infringement of Article 74(1) of Regulation (EC) No 40/94[(1)](#ntr1-C_2008064EN.01005702-E0001) due to an incorrect examination of the facts by the Office of its own motion; |

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| — | Infringement of Article 73 of Regulation No 40/94, namely the right to a fair hearing; |

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| — | Infringement of Article 7(1)(b) of Regulation No 40/94 in finding the mark to be devoid of any distinctive character. |

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