CELEX: 62007TJ0174
Language: en
Date: 2009-01-28 00:00:00
Title: Judgment of the Court of First Instance (Fourth Chamber) of 28 January 2009. # Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Application for Community word mark TDI - Absolute ground for refusal - Descriptive character - Lack of distinctive character acquired through use - Article 7(1)(c) and (3) of Regulation (EC) No 40/94 - Article 62(2) of Regulation No 40/94 - Article 74(1) of Regulation No 40/94. # Case T-174/07.

Judgment of the Court of First Instance (Fourth Chamber) of 28 January 2009 – Volkswagen v OHIM (TDI)
      (Case T-174/07)
      Community trade mark – Application for Community word mark TDI – Absolute ground for refusal – Descriptive character – Lack of distinctive character acquired through use – Article 7(1)(c) and (3) of Regulation (EC) No 40/94 – Article 62(2) of Regulation No 40/94 – Article 74(1) of Regulation No 40/94
      Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation
         No 40/94, Art. 7(1)(c)) (see paras 30, 33, 47, 49-51)
      
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1479/2005‑1) concerning an
                  application for registration of the word sign TDI as a Community trade mark.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Volkswagen AG
            
         
               Community trade mark sought:
            
            
               Word mark TDI for goods and services in classes 4, 7 and 37 – Application No 842302
            
         
               Decision of the Examiner:
            
            
               Registration refused
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Volkswagen AG to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade
                     Marks and Designs).