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Case T-766/14: Action brought on 18 November 2014 — Actega Terra v OHIM — Heidelberger Druckmaschinen (FoodSafe)
ECLI:EU:UNKNOWN:62014TN0766
62014TN0766
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9.2.2015
Official Journal of the European Union
C 46/53
(Case T-766/14)
(2015/C 046/68)
Language in which the application was lodged: 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) (OHIM)
Other party to the proceedings before the Board of Appeal: Heidelberger Druckmaschinen AG (Heidelberg, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: the applicant
Trade mark at issue: the Community word mark ‘FoodSafe’ — Community trade mark No 9 502 551
Procedure before OHIM: Invalidity proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 8 September 2014 in Case R 2440/2013-4
Form of order sought
The applicant claims that the Court should:
—alter the contested decision to the effect that the Cancellation Division’s decision of 14 October 2013, filing number 6912 C, is annulled and the application for a declaration that Community trade mark No 9 502 551 is invalid is rejected;
—in the alternative, annul the contested decision;
—order OHIM to pay the costs.
Pleas in law
—Infringement of Article 7(1)(c) of Regulation No 207/2009;
—Infringement of Article 52(1)(a) of Regulation No 207/2009;
—Infringement of Article 76(1) of Regulation No 207/2009.