Action brought on 17 February 2009 - Volkswagen AG v OHIM
(Case T -63/09)
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,
1 since there is a likelihood of confusion between the two opposing marks.
____________1 - . Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).