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)
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:
Dismisses the action;
Orders Audi AG and Volkswagen AG to pay the costs.
____________1 - OJ C 267, 7.11.2009.