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Case T-63/09: Action brought on 17 February 2009 — Volkswagen AG v OHIM

ECLI:EU:UNKNOWN:62009TN0063

62009TN0063

January 1, 2009
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Official Journal of the European Union

C 102/22

(Case T-63/09)

2009/C 102/35

Language in which the application was lodged: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: H.-P. Schrammek, C. Drzymalla and S. Risthaus, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Suzuki Motor Corporation

Form of order sought

Annul the decision of the Second Board of Appeal of OHIM of 9 December 2008 in Case R-749/2007-2;

Order the defendant to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Suzuki Motor Corporation

Community trade mark concerned: Word mark ‘SWIFT GTi’ for goods in Class 12 (application No 3 456 084)

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: German word mark ‘GTI’ (No 39 406 386) and international word mark ‘GTI’ (No 717 592) for goods in Class 12

Decision of the Opposition Division: Rejection of the opposition

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) 40/94, since there is a likelihood of confusion between the two opposing marks.

* * *

Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).

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