6.10.2012
EN
Official Journal of the European Union
C 303/5
Order of the Court (First Chamber) of 5 July 2012 — Audi AG, Volkswagen AG v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(Case C-467/11 P) (1)
(Appeal - Community trade mark - Appeal which has become devoid of purpose - No need to adjudicate)
2012/C 303/09
Language of the case: German
Parties
Appellants: Audi AG, Volkswagen AG (represented by: P. Kather, Rechtsanwalt)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Re:
Appeal brought against the judgment of the General Court (Third Chamber) of 6 July 2011 in Case T-318/09 Audi and Volkswagen v OHMI (TDI), by which the General Court dismissed the action for annulment brought against the decision of the First Board of Appeal of OHIM of 14 May 2009 (Case R 226/2007-1), concerning an application for registration of the word sign TDI as a Community trade mark for the goods in Class 12 (Vehicles and constructive parts thereof’) — Infringement of Articles 7(1)(c) and 7(3) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1) — Distinctive character of the word sign TDI
Operative part of the order
1.
There is no need to adjudicate on the appeal.
2.
Audi AG and Volkswagen AG are ordered to pay the costs.
(1) OJ C 347, 26.11.2011.
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