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Document 62014TN0315

    Case T-315/14: Action brought on 5 May 2014  — Hipp v OHIM — Nestlé Nutrition (Praebiotik)

    IO C 212, 7.7.2014, p. 37–38 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    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:

    —

    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;

    —

    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:

    —

    Infringement of Article 75 of Regulation No 207/2009

    —

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

    —

    Infringement of Article 78 of Regulation No 207/2009
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