Order — ECLI:EU:T:2015:913
Date: 2015-11-23
Language of the case: German
Court formation: Seventh Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 18 November 2014 — Actega Terra v OHIM — Heidelberger Druckmaschinen (FoodSafe) (Case T-766/14) Language in which the application was lodged: German Parties Applicant: Actega Terra GmbH (Lehrte, Germany) (represented by: C. Onken, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) Other party to the proceedings before the Board of Appeal: Heidelberger Druckmaschinen AG (Heidelberg, Germany) Details of the proceedings before OHIM Proprietor of the trade mark at issue: the applicant Trade mark at issue: the Community word mark ‘FoodSafe’ — Community trade mark No 9 502 551 Procedure before OHIM: Invalidity proceedings Contested decision: Decision of the Fourth Board of Appeal of OHIM of 8 September 2014 in Case R 2440/2013-4 Form of order sought The applicant claims that the Court should: alter the contested decision to the effect that the Cancellation Division’s decision of 14 October 2013, filing number 6912 C, is annulled and the application for a declaration that Community trade mark No 9 502 551 is invalid is rejected; in the alternative, annul the contested decision; order OHIM to pay the costs. Pleas in law Infringement of Article 7(1)(c) of Regulation No 207/2009; Infringement of Article 52(1)(a) of Regulation No 207/2009; Infringement of Article 76(1) of Regulation No 207/2009.