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Case T-476/15: Action brought on 19 August 2015 — European Food v OHIM — Société des Produits Nestlé (FITNESS)
ECLI:EU:UNKNOWN:62015TN0476
62015TN0476
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12.10.2015
EN
Official Journal of the European Union
C 337/37
(Case T-476/15)
(2015/C 337/42)
Language in which the application was lodged: English
Parties
Applicant: European Food SA (Drăgăneşti, Romania) (represented by: I. Speciac, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Société des Produits Nestlé SA (Vevey, Switzerland)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community word mark ‘FITNESS’ — Community trade mark No 2 470 326
Procedure before OHIM: Proceedings for a declaration of invalidity
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 19 June 2015 in Case R 2542/2013-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision and remit the case to the Office in order to issue a decision in compliance with the Court’s ruling;
—as a subsidiary, alter the contested decision and cancel CTM Fitness no 2470326;
—order OHIM to pay the costs generated by the current proceedings.
Pleas in law
—Infringement of rule 37(b)(vi), rule 50(1) of Regulation No 2868/95 and Article 76 of Regulation No 207/2009;
—Infringement of Article 7(1)(b) and Article 52(1)(a) of Regulation No 207/2009;
—Infringement of Article 7(1)(c) and Article 52(1)(a) of Regulation No 207/2009.