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21.3.2009 |
EN |
Official Journal of the European Union |
C 69/36 |
Judgment of the Court of First Instance of 28 January 2009 — Volkswagen v OHIM
(Case T-174/07) (1)
(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 (EC) No 40/94 - Article 74(1) of Regulation (EC) No 40/94)
(2009/C 69/84)
Language of the case: German
Parties
Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: S. Risthaus, H.-P. Schrammek, C. Drzymalla and R. Jepsen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
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
Operative part of the judgment
The Court:
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1. |
Dismisses the action; |
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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). |