Action brought on 7 March 2014 — Volkswagen v OHIM (StartUp)

(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