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Case T-385/14: Action brought on 4 June 2014 — Volkswagen v OHIM (ULTIMATE)
ECLI:EU:UNKNOWN:62014TN0385
62014TN0385
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Official Journal of the European Union
C 253/49
(Case T-385/14)
2014/C 253/65
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 24 March 2014 in Case R 1787/2013-1;
—Order the defendant to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: the word mark ULTIMATE for goods and services in Classes 12, 28, 35 and 37
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.