Source: EURLEX
Language: en
Format: md

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| 7.7.2014 | EN | Official Journal of the European Union | C 212/37 |

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Action brought on 5 May 2014 — Hipp v OHIM — Nestlé Nutrition (Praebiotik)

(Case T-315/14)

2014/C 212/48

Language in which the application was lodged: German

Parties

Applicant: Hipp & Co. (Sachseln, Switzerland) (represented by: M. Kinkeldey, A. Wagner and S. Brandstätter, lawyers)

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

Other party to the proceedings before the Board of Appeal: Nestlé Nutrition GmbH (Frankfurt am Main, Germany)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 February 2014 in Cases R 1171/2012-4 and R 1326/2012-4; |

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| — | Order the defendant to pay the costs. |

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: the word mark ‘Praebiotik’ for goods in Classes 5, 29 and 32 — Community trade mark No 3 83  919

Proprietor of the Community trade mark: the applicant

Party applying for revocation of the Community trade mark: Nestlé Nutrition GmbH

Decision of the Cancellation Division: the application for cancellation was granted in part

Decision of the Board of Appeal: the contested decision was partially annulled to the effect that the disputed mark was declared to be revoked in its entirety. The appeal of Hipp & Co. was dismissed.

Pleas in law:

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| — | Infringement of Article 75 of Regulation No 207/2009 |

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| — | Infringement of Article 51(1)(b) of Regulation No 207/2009 |

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| — | Infringement of Article 78 of Regulation No 207/2009 |

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