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Case T-766/14: Order of the General Court of 23 November 2015 — Actega Terra v OHIM — Heidelberger Druckmaschinen (FoodSafe) (Community trade mark — Invalidity proceedings — Community word mark FoodSafe — Absolute ground for refusal — Descriptive character — Article 7(1)(c) of Regulation (EC) No 207/2009 — Action manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62014TB0766
62014TB0766
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Official Journal of the European Union
C 38/55
(Case T-766/14)(1)
((Community trade mark - Invalidity proceedings - Community word mark FoodSafe - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009 - Action manifestly lacking any foundation in law))
(2016/C 038/73)
Language of the case: German
Parties
Applicant: Actega Terra GmbH (Lehrte, Germany) (represented by: C. Onken, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Schifko, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Heidelberger Druckmaschinen AG (Heidelberg, Germany) (represented by: I. Lins, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 8 September 2014 (Case R 2440/2013-4) concerning invalidity proceedings between Heidelberger Druckmaschinen AG and Actega Terra GmbH.
Operative part of the order
1.The action is dismissed.
2.Actega Terra GmbH shall pay the costs.
*
OJ C 46, 9.2.2015.