CELEX: 62009TA0318
Language: en
Date: 2011-07-06 00:00:00
Title: Case T-318/09: Judgment of the General Court of 6 July 2011 — Audi and Volkswagen v OHIM (TDI) (Community trade mark — Application for the Community word mark TDI — Absolute ground for refusal — Descriptive character — No distinctive character acquired through use — Article 7(1)(c) and 7(3) of Regulation (EC) No 207/2009 — Articles 75 and 76(1) of Regulation No 207/2009)

13.8.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 238/15
            
         Judgment of the General Court of 6 July 2011 — Audi and Volkswagen v OHIM (TDI)
   (Case T-318/09) (1)
   
   (Community trade mark - Application for the Community word mark TDI - Absolute ground for refusal - Descriptive character - No distinctive character acquired through use - Article 7(1)(c) and 7(3) of Regulation (EC) No 207/2009 - Articles 75 and 76(1) of Regulation No 207/2009)
   2011/C 238/23
   Language of the case: 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) (represented by: G. Schneider, acting as Agent)
   
      Re:
   
   Action brought against the decision of the First Board of Appeal of OHIM of 14 May 2009 (Case R 226/2007-1), concerning an application for registration of the word sign TDI as a Community trade mark.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the action;
            
         
               2.
            
            
               Orders Audi AG and Volkswagen AG to pay the costs.
            
         
      (1)  OJ C 267, 7.11.2009.