Notices for publication in the OJ nº T-318/09 of Court of First Instance of the European Communities, October 23, 2009

• Resolution Date: October 23, 2009
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-318/09

Action brought on 14 August 2009 - Audi and Volkswagen v OHIM (TDI)

(Case T-318/09)

Language in which the application was lodged: German

Parties

Applicants: Audi AG (Ingolstadt, Germany) and Volkswagen AG (Wolfsburg, Germany) (represented by P. Kather, lawyer)

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

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 14 May 2009 (Case R 226/2007-1);

Order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: The word mark 'TDI' for goods in Class 12 (application No 3 179 058)

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Infringement of Article 7(3) of Regulation (EC) No 207/2009 as the...