Communications au JO nº T-318/09 of Tribunal de Première Instance des Communautés Européennes, October 23, 2009
Resolution Date | October 23, 2009 |
Issuing Organization | Tribunal de Première Instance des Communautés Européennes |
Decision Number | T-318/09 |
Recours introduit le 14 août 2009 - Audi AG et Volkswagen AG / OHMI
(Affaire T-318/09)
Langue de procédure: l'allemand
Parties
Parties requérantes: Audi AG (Ingolstadt, Allemagne) et Volkswagen AG (Wolfsburg, Allemagne) (représentant: P. Kather, avocat)
Partie défenderesse: Office de l'harmonisation dans le marché intérieur (marques, dessins et modèles)
Conclusions des parties requérantes
annuler la décision nº R 226//2007-1 de la première chambre de recours de l'OHMI, du 14 mai2009 ;
condamner l'OHMI aux dépens.
Moyens et principaux arguments
Marque communautaire concernée: la marque verbale " TDI " pour des produits de la classe 12 (demande nº 3 179 058)
Décision de l'examinateur: rejet de la demande
Décision de la chambre de recours: rejet du recours
Moyens invoqués:
- violation de l'article 7, paragraphe 3, du règlement (CE) nº 207/2009, dans la mesure où la marque demandée a acquis par l'usage le caractère distinctif nécessaire ;
- violation de l'article 7, paragraphe 1, sous...
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