Keywords
Subject of the case
Operative part

Keywords

Community trade mark

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Definition and acquisition of the Community trade mark

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Absolute grounds for refusal

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Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 41-46

)

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 16 December 2005 (Case R 237/2005-2) dismissing in part the appeal against the examiner’s decision refusing registration of the word mark Vorsprung durch Technik for goods and services in Classes 9, 12, 14, 25, 28, 37 to 40 and 42.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Audi AG to bear its own costs and to pay those incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).