CELEX: 62009TN0063
Language: en
Date: 2009-02-17 00:00:00
Title: Case T-63/09: Action brought on 17 February 2009 — Volkswagen AG v OHIM

1.5.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 102/22
            
         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
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of OHIM of 9 December 2008 in Case R-749/2007-2;
            
         
               —
            
            
               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) since there is a likelihood of confusion between the two opposing marks.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).