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Case T-156/14: Action brought on 7 March 2014 — Volkswagen v OHIM (StartUp)
ECLI:EU:UNKNOWN:62014TN0156
62014TN0156
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Official Journal of the European Union
C 135/58
(Case T-156/14)
2014/C 135/76
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 Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 7 January 2014 in Case R 1335/2013-4;
—order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: Word mark ‘StartUp’ for goods and services in Classes 12, 28, 35 and 37 — Community trade mark application No 11 792 009
Decision of the Examiner: Registration refused
Decision of the Board of Appeal: Appeal dismissed
Pleas in law:
—Infringement of Article 7(1)(c) of Regulation No 207/2009
—Infringement of Article 7(1)(b) of Regulation No 207/2009