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Document 62009TN0318
Case T-318/09: Action brought on 14 August 2009 — Audi and Volkswagen v OHIM (TDI)
Case T-318/09: Action brought on 14 August 2009 — Audi and Volkswagen v OHIM (TDI)
Case T-318/09: Action brought on 14 August 2009 — Audi and Volkswagen v OHIM (TDI)
OJ C 267, 7.11.2009, p. 67–67
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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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).