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Case T-315/14: Action brought on 5 May 2014 — Hipp v OHIM — Nestlé Nutrition (Praebiotik)
ECLI:EU:UNKNOWN:62014TN0315
62014TN0315
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7.7.2014
EN
Official Journal of the European Union
C 212/37
(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