Judgment of the Court of First Instance (Fourth Chamber) of 28 January 2009 – Volkswagen v OHIM (TDI)

(Case T-174/07)

Community trade mark – Application for Community word mark TDI – Absolute ground for refusal – Descriptive character – Lack of distinctive character acquired through use – Article 7(1)(c) and (3) of Regulation (EC) No 40/94 – Article 62(2) of Regulation No 40/94 – Article 74(1) of Regulation No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation No 40/94, Art. 7(1)(c)) (see paras 30, 33, 47, 49-51)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1479/2005‑1) concerning an application for registration of the word sign TDI as a Community trade mark.

Information relating to the case

Applicant for the Community trade mark:	Volkswagen AG
Community trade mark sought:	Word mark TDI for goods and services in classes 4, 7 and 37 – Application No 842302
Decision of the Examiner:	Registration refused
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Volkswagen AG to bear its own costs and to pay those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs).