(Case T-70/06)

Community trade mark – Application for Community word mark Vorsprung durch Technik – Absolute ground for refusal – Lack of distinctive character – Article 7(1)(b) of Regulation (EC) No 40/94 – Partial refusal to register the mark by the examiner – Right to a fair hearing

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks devoid of any distinctive character (Council Regulation No 40/94, Art. 7(1)(b)) (see paras 41-46)

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

Applicant for the Community trade mark:

Community trade mark sought:

Word mark Vorsprung durch Technik for goods and services in Classes 9, 12, 14, 16, 18, 25, 28, 35 to 43 and 45 – Application No 3016292

Decision of the examiner:

Registration partially dismissed

Decision of the Board of Appeal:

Appeal partially dismissed

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).