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Case T-336/14: Action brought on 15 May 2014 — Société des produits Nestlé/OHIM (NOURISHING PERSONAL HEALTH)
ECLI:EU:UNKNOWN:62014TN0336
62014TN0336
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11.8.2014
EN
Official Journal of the European Union
C 261/27
(Case T-336/14)
2014/C 261/50
Language of the case: English
Parties
Applicant: Société des produits Nestlé SA (Vevey, Switzerland) (represented by: A. Jaeger-Lenz, A. Lambrecht and S. Cobet-Nüse, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
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 12 March 2014 in case R 149/2013-4;
—Order the OHIM to pay the costs.
Pleas in law and main arguments
Community trade mark concerned: International registration of the word mark ‘NOURISHING PERSONAL HEALTH’ for goods and services in Classes 5, 10, 41, 42 and 44 — Community trade mark application no 01 102 735
Decision of the Examiner: The application was rejected
Decision of the Board of Appeal: The appeal was rejected
Pleas in law:
—Infringement of Article 76(1) of Regulation No 207/2009;
—Infringement of Article 75 of Regulation No 207/2009;
—Infringement of Article 7(1)(b) of Regulation No 207/2009.