Source: EURLEX
Language: en
Format: md

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| 9.2.2015 | EN | Official Journal of the European Union | C 46/53 |

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Action brought on 18 November 2014 — Actega Terra v OHIM — Heidelberger Druckmaschinen (FoodSafe)

(Case T-766/14)

(2015/C 046/68)

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:

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| — | 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; |

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| — | in the alternative, annul the contested decision; |

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| — | order OHIM to pay the costs. |

Pleas in law

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| — | Infringement of Article 7(1)(c) of Regulation No 207/2009; |

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| — | Infringement of Article 52(1)(a) of Regulation No 207/2009; |

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| — | Infringement of Article 76(1) of Regulation No 207/2009. |

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