Action brought on 28 February 2006 - Audi Aktiengesellschaft v OHIM

(Case T-70/06)

Language in which the application was lodged: German

Parties

Applicant: Audi Aktiengesellschaft (Ingolstadt, Germany) (represented by O. Gillert, F. Schiwek, lawyers)

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

Form of order sought

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 16 December 2005 (Case R 237/2005-2);

order the defendant to pay the costs of this action.

Pleas in law and main arguments

Community trade mark concerned: Word Mark "Vorsprung durch Technik" for goods and services in Classes 9, 12, 14, 16, 18, 25, 28, 35, 36, 37, 38, 39, 40, 41, 42, 43 and 45 - Application no. 3 016 292

Decision of the Examiner: Partial rejection of the application

Decision of the Board of Appeal: Partial rejection of the appeal

Pleas in law: Infringement of Article 7(1)(b) of EC Regulation 40/94 , as the mark applied for is sufficiently distinct and the contested decision does not contain any findings regarding the relevant public.

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