8.3.2008 |
EN |
Official Journal of the European Union |
C 64/57 |
Action brought on 7 January 2008 — Volkswagen v OHIM (CAR SILHOUETTE III)
(Case T-9/08)
(2008/C 64/92)
Language in which the application was lodged: German
Parties
Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by H.-P. Schrammek, C. Drzymalla, S. Risthaus, R. Jepsen, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Form of order sought
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 November 2007, notified on 9 November 2007, in appeal case R 1306/2007-4; |
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Order the defendant to pay the costs of the proceedings. |
Pleas in law and main arguments
Community trade mark concerned: The international figurative mark ‘CAR SILHOUETTE III’ for goods in Class 12 (international registration, designating the European Community, No W 878 349).
Decision of the Examiner: Refusal of protection.
Decision of the Board of Appeal: Dismissal of the appeal.
Pleas in law:
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Infringement of Article 74(1) of Regulation (EC) No 40/94 (1) due to an incorrect examination of the facts by the Office of its own motion; |
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Infringement of Article 73 of Regulation No 40/94, namely the right to a fair hearing; |
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Infringement of Article 7(1)(b) of Regulation No 40/94 in finding the mark to be devoid of any distinctive character. |
(1) Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).