CELEX: C2006/096/48
Language: en
Date: 2006-04-22 00:00:00
Title: Case T-70/06: Action brought on  28 February 2006  — Audi Aktiengesellschaft v OHIM

22.4.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 96/30
            
         Action brought on 28 February 2006 — Audi Aktiengesellschaft v OHIM
   (Case T-70/06)
   (2006/C 96/48)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Audi Aktiengesellschaft (Ingolstadt, Germany) (represented by O. Gillert, F. Schiwek, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   Form of order sought
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2005 (Case R 237/2005-2);
            
         
               —
            
            
               order the defendant to pay the costs of this action.
            
         Pleas in law and main arguments
   
      Community trade mark concerned: Word Mark ‘Vorsprung durch Technik’ for goods and services in Classes 9, 12, 14, 16, 18, 25, 28, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 45 — Application no. 3 016 292
   
      Decision of the Examiner: Partial rejection of the application
   Decision of the Board of Appeal: Partial rejection of the appeal
   
      Pleas in law: Infringement of Article 7(1)(b) of EC Regulation 40/94, as the mark applied for is sufficiently distinct and the contested decision does not contain any findings regarding the relevant public.