Community trade mark Absolute ground for refusal Lack of distinctive character acquired through use Descriptive character Application for Community word mark TDI 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
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 28 January 2009.
Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-174/07.
Texto da decisão
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). |