CELEX: 62008TN0009
Language: en
Date: 2008-01-07 00:00:00
Title: Case T-9/08: Action brought on 7 January 2008 — Volkswagen v OHIM (CAR SILHOUETTE III)

8.3.2008   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 64/57
            
         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) 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.
            
         
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).