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Order of the Court (First Chamber) of 5 July 2012. # Audi AG and Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Appeal - Community trade mark - Appeal which has become devoid of purpose - No need to adjudicate. # Case C-467/11 P.
ECLI:EU:C:2012:425
62011CO0467
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Appeal — Community trade mark — Appeal which has become devoid of purpose — No need to adjudicate
Appeals — Interest in bringing proceedings — Condition — Appeal capable of procuring an advantage for the party bringing it (see para. 11)
Re:
Appeal brought against the judgment of the General Court (Third Chamber) of 6 July 2011 in Case T-318/09 Audi and Volkswagen v OHMI (TDI), by which the General Court dismissed the action for annulment brought against the decision of the First Board of Appeal of OHIM of 14 May 2009 (Case R 226/2007-1), concerning an application for registration of the word sign TDI as a Community trade mark for the goods in Class 12 (Vehicles and constructive parts thereof) — Infringement of Articles 7(1)(c) and 7(3) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctive character of the word sign TDI.
Operative part
1.There is no need to adjudicate on the appeal.
2.Audi AG and Volkswagen AG are ordered to pay the costs.