CELEX: C2007/155/73
Language: en
Date: 2007-07-07 00:00:00
Title: Case T-174/07: Action brought on 21 May 2007 — Volkswagen AG v OHIM

7.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/40
            
         Action brought on 21 May 2007 — Volkswagen AG v OHIM
   (Case T-174/07)
   (2007/C 155/73)
   Language of the case: German
   Parties
   
      Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by S. Risthaus, Rechtsanwalt)
   
      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 (Trade Marks and Designs) of 7 March 2007, notified on 23 March 2007 (Case R 1479/2005-1);
            
         
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               Order the defendant to pay the costs.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: The word mark ‘TDI’ for goods and services in classes 4, 7 and 37.
   
      Decision of the Examiner: Refusal of the application.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   Pleas in law:
   
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               Infringement of Article 62(2) of Regulation (EC) No 40/94 by disregarding the decision of the Board of Appeal of 12 May 2003 in Case R 53/2002-4;
            
         
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               Infringement of the first sentence of Article 74(1) of Regulation No 40/94 by improperly examining the facts of its own motion;
            
         
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               Infringement of Article 7(1)(b) of Regulation No 40/94 by deciding that the trade mark applied for is devoid of any distinctive character;
            
         
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               Infringement of Article 7(1)(c) of Regulation No 40/94 by deciding that the mark applied for has a descriptive function;
            
         
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               Infringement of Article 7(3) of Regulation No 40/94 by deciding that the trade mark applied for has not become distinctive in consequence of the use which has been made of it.