This document is an excerpt from the EUR-Lex website
Document C2007/155/73
Case T-174/07: Action brought on 21 May 2007 — Volkswagen AG v OHIM
Case T-174/07: Action brought on 21 May 2007 — Volkswagen AG v OHIM
Case T-174/07: Action brought on 21 May 2007 — Volkswagen AG v OHIM
SL C 155, 7.7.2007, p. 40–40
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
7.7.2007 |
EN |
Official Journal of the European Union |
C 155/40 |
Action brought on 21 May 2007 — Volkswagen AG v OHIM
(Case T-174/07)
(2007/C 155/73)
Language of the case: German
Parties
Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by S. Risthaus, Rechtsanwalt)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
— |
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 March 2007, notified on 23 March 2007 (Case R 1479/2005-1); |
— |
Order the defendant to pay the costs. |
Pleas in law and main arguments
Community trade mark concerned: The word mark ‘TDI’ for goods and services in classes 4, 7 and 37.
Decision of the Examiner: Refusal of the application.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law:
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Infringement of Article 62(2) of Regulation (EC) No 40/94 by disregarding the decision of the Board of Appeal of 12 May 2003 in Case R 53/2002-4; |
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Infringement of the first sentence of Article 74(1) of Regulation No 40/94 by improperly examining the facts of its own motion; |
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Infringement of Article 7(1)(b) of Regulation No 40/94 by deciding that the trade mark applied for is devoid of any distinctive character; |
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Infringement of Article 7(1)(c) of Regulation No 40/94 by deciding that the mark applied for has a descriptive function; |
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Infringement of Article 7(3) of Regulation No 40/94 by deciding that the trade mark applied for has not become distinctive in consequence of the use which has been made of it. |