Judgment — ECLI:EU:T:2015:793
Date: 2015-10-22
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 12 June 2014 — Volkswagen v OHIM (CHOICE) (Case T-431/14) Language of the case: German Parties Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by U. Sander, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Form of order sought The applicant claims that the Court should: Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 April 2014 in Case R 2019/2013-1; Order the defendant to pay the costs. Pleas in law and main arguments Community trade mark concerned: the word mark ‘CHOICE’ for goods and services in Classes 12, 28, 35 and 37 — Community trade mark application No 11 769 163 Decision of the Examiner: the application was rejected Decision of the Board of Appeal: the appeal was dismissed Pleas in law: Infringement of Article 7(1)(b) of Regulation No 207/2009