Source: EURLEX
Language: en
Format: md

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| 22.12.2014 | EN | Official Journal of the European Union | C 462/32 |

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Action brought on 5 November 2014 — Merck v OHIM — Nestlé (HEALTHPRESSO)

(Case T-747/14)

(2014/C 462/44)

Language in which the application was lodged: English

Parties

Applicant: Merck KGaA (Darmstadt, Germany) (represented by: M. Best, U. Pfleghar and S. Schäffner, lawyers)

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

Other party to the proceedings before the Board of Appeal: Société de Produits Nestlé SA (Vevey, Switzerland)

Details of the proceedings before OHIM

Applicant: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community word mark ‘HEALTHPRESSO’ — Application for registration No 1 0 0 03  028

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of OHIM of 7 August 2014 in Case R 1880/2013-1

Form of order sought

The applicant claims that the Court should:

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| — | Partially annul the contested decision insofar as the Board of Appeal upheld the opposition and rejected the CTM application for the goods in Class 30; |

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| — | Reject opposition No B 1 1 91  607; |

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| — | Order OHIM and the other party to the proceedings before the Board of Appeal to pay the costs. |

Pleas in law

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| — | Infringement of Article 96(2) of Regulation No 207/2009; |

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| — | Infringement of Article 15(1) of Regulation No 207/2009; |

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

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