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Document 62009TN0063
Case T-63/09: Action brought on 17 February 2009 — Volkswagen AG v OHIM
Case T-63/09: Action brought on 17 February 2009 — Volkswagen AG v OHIM
Case T-63/09: Action brought on 17 February 2009 — Volkswagen AG v OHIM
IO C 102, 1.5.2009, p. 22–22
(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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1.5.2009 |
EN |
Official Journal of the European Union |
C 102/22 |
Action brought on 17 February 2009 — Volkswagen AG v OHIM
(Case T-63/09)
2009/C 102/35
Language in which the application was lodged: German
Parties
Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: H.-P. Schrammek, C. Drzymalla and S. Risthaus, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Suzuki Motor Corporation
Form of order sought
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Annul the decision of the Second Board of Appeal of OHIM of 9 December 2008 in Case R-749/2007-2; |
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Order the defendant to pay the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Suzuki Motor Corporation
Community trade mark concerned: Word mark ‘SWIFT GTi’ for goods in Class 12 (application No 3 456 084)
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: German word mark ‘GTI’ (No 39 406 386) and international word mark ‘GTI’ (No 717 592) for goods in Class 12
Decision of the Opposition Division: Rejection of the opposition
Decision of the Board of Appeal: Dismissal of the appeal
Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) 40/94, (1) since there is a likelihood of confusion between the two opposing marks.
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).