# C_2014339EN.01002201.xml

| 29.9.2014 | EN | Official Journal of the European Union | C 339/22 |
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29.9.2014

EN

Official Journal of the European Union

C 339/22

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Action brought on 18 July 2014 — Société des Produits Nestlé v OHIM — Terapia (ALETE)

(Case T-544/14)

2014/C 339/27

Language in which the application was lodged: German

Parties

Parties

Applicant: Société des Produits Nestlé SA (Vevey, Switzerland) (represented by: A. Jaeger-Lenz, A. Lambrecht and S. Cobet-Nüse, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Terapia SA (Cluj Napoca, Romania)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Alter the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 May 2014 in Case R 1128/2013-4 in such a way that the opposition is rejected; |
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Alter the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 May 2014 in Case R 1128/2013-4 in such a way that the opposition is rejected;

| — | In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 May 2014 in Case R 1128/2013-4; |
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In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 19 May 2014 in Case R 1128/2013-4;

| — | Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs. |
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Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: Société des Produits Nestlé SA

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘ALETE’ for goods in Classes 5, 29, 30 and 32 — Community trade mark application No 1 0 3 88  379

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: Terapia SA

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: The national word mark ‘ALETA’ for goods and services in Classes 5 and 35

Mark or sign cited in opposition:

Decision of the Opposition Division: Opposition upheld

Decision of the Opposition Division:

Decision of the Board of Appeal: Appeal dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009 |
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Infringement of Article 8(1)(b) of Regulation No 207/2009

| — | Infringement of Article 63 in conjunction with Rule 20(7)(c) of Regulation No 2868/95 |
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Infringement of Article 63 in conjunction with Rule 20(7)(c) of Regulation No 2868/95

| — | Infringement of Articles 63(2), 75 and 76 of Regulation No 207/2009 |
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Infringement of Articles 63(2), 75 and 76 of Regulation No 207/2009

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