Official Journal of the European Union

C 82/69

(Case T-42/19)

(2019/C 82/81)

Language of the case: German

Parties

Applicant: Volkswagen AG (Wolfsburg, Germany) (represented by: F. Thiering and L. Steidle, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Details of the proceedings before EUIPO

Trade mark at issue: Application for EU word mark CROSS — Application No 16 366 528

Contested decision: Decision of the First Board of Appeal of EUIPO of 14 November 2018 in Case R 2500/2017-1

Form of order sought

The applicant claims that the Court should:

—annul the contested decision, in so far as it dismissed the applicant’s complaint, and allow registration of EU trade mark application No 163 66 528 for all of the goods and services;

—alternatively, annul the contested decision, in so far as it dismissed the applicant’s complaint, and refer the case back to the First Board of Appeal of EUIPO;

—order EUIPO to pay the costs.

Pleas in law

—Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of the principle of equal treatment and breach of the obligation to state reasons.