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Case T-318/09: Judgment of the General Court of 6 July 2011 — Audi and Volkswagen v OHIM (TDI) (Community trade mark — Application for the Community word mark TDI — Absolute ground for refusal — Descriptive character — No distinctive character acquired through use — Article 7(1)(c) and 7(3) of Regulation (EC) No 207/2009 — Articles 75 and 76(1) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62009TA0318
62009TA0318
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Valentina R., lawyer
13.8.2011
Official Journal of the European Union
C 238/15
(Case T-318/09) (<span class="super">1</span>)
(Community trade mark - Application for the Community word mark TDI - Absolute ground for refusal - Descriptive character - No distinctive character acquired through use - Article 7(1)(c) and 7(3) of Regulation (EC) No 207/2009 - Articles 75 and 76(1) of Regulation No 207/2009)
2011/C 238/23
Language of the case: German
Parties
Applicants: Audi AG (Ingolstadt, Germany) and Volkswagen AG (Wolfsburg, Germany) (represented by: P. Kather, lawyer)
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 14 May 2009 (Case R 226/2007-1), 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 Audi AG and Volkswagen AG to pay the costs.
(<span class="super">1</span>) OJ C 267, 7.11.2009.
* * *
Language of the case: German.