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