1.7.2006   

EN

Official Journal of the European Union

C 154/1


Order of the Court (Sixth Chamber) of 19 January 2006 — Audi AG v OHIM

(Case C-82/04 P) (1)

(Appeal - Community trade mark - Word mark ‘TDI’ - Refusal of registration - Appeal which has become devoid of purpose - No need to adjudicate)

(2006/C 154/01)

Language of the case: German

Parties

Applicant: Audi AG (represented by: L. von Zumbusch, avocat)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 3 December 2003 in Case T-16/02 Audi v OHIM dismissing the action brought against decision R 652/2000-1 of the First Board of Appeal of OHIM of 8 November 2001 refusing registration as a Community trade mark of the word sign ‘TDI’ for certain goods in classes 12 and 37 — Descriptive nature as absolute ground for refusal — Article 7(1)(c) of Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1)

Operative part of the order

1.

There is no need to adjudicate on the appeal brought by Audi AG;

2.

Audi AG is ordered to pay the costs of these proceedings.


(1)  OJ C 106, 30.04.2004.