CELEX: 62014TN0315
Language: en
Date: 2014-05-05 00:00:00
Title: Case T-315/14: Action brought on 5 May 2014  — Hipp v OHIM — Nestlé Nutrition (Praebiotik)

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