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Case T-174/07: Judgment of the Court of First Instance of 28 January 2009 — Volkswagen v OHIM (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)
ECLI:EU:UNKNOWN:62007TA0174
62007TA0174
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21.3.2009
Official Journal of the European Union
C 69/36
(Case T-174/07)(<span class="super">1</span>)
(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:
1.Dismisses the action;
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).
(<span class="super">1</span>) OJ C 155, 7.7.2007.