Action brought on 14 August 2009 - Audi and Volkswagen v OHIM (TDI)
(Case T-318/09)
Language in which the application was lodged: 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)
Form of order sought
Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 14 May 2009 (Case R 226/2007-1);
Order the Office for Harmonisation in the Internal Market to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: The word mark 'TDI' for goods in Class 12 (application No 3 179 058)
Decision of the Examiner: Registration refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
Infringement of Article 7(3) of Regulation (EC) No 207/2009 as the mark applied for has the requisite acquired distinctiveness;
Infringement of Article 7(1)(b) and (c) of Regulation No 207/2009 as the mark applied for has the requisite distinctive character;
Infringement of the first clause of Article 76(1) of Regulation No 207/2009 as the defendant failed to take up the applicants' offers of evidence;
Infringement of Article 75 of Regulation No 207/2009.
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).