CELEX: 62009TN0318
Language: en
Date: 2009-08-14 00:00:00
Title: Case T-318/09: Action brought on 14 August 2009 — Audi and Volkswagen v OHIM (TDI)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/67
            
         Action brought on 14 August 2009 — Audi and Volkswagen v OHIM (TDI)
   (Case T-318/09)
   2009/C 267/121
   Language in which the application was lodged: 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)
   
      Form of order sought
   
   
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               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 14 May 2009 (Case R 226/2007-1);
            
         
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               Order the Office for Harmonisation in the Internal Market to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Community trade mark concerned: The word mark ‘TDI’ for goods in Class 12 (application No 3179058)
   
      Decision of the Examiner: Registration refused
   
      Decision of the Board of Appeal: Appeal dismissed
   Pleas in law:
   
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               Infringement of Article 7(3) of Regulation (EC) No 207/2009 (1) as the mark applied for has the requisite acquired distinctiveness;
            
         
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               Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has the requisite distinctive character;
            
         
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               Infringement of the first clause of Article 76(1) of Regulation No 207/2009 as the defendant failed to take up the applicants’ offers of evidence;
            
         
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               Infringement of Article 75 of Regulation No 207/2009.
            
         
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).