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Case T-747/14: Action brought on 5 November 2014 — Merck v OHIM — Nestlé (HEALTHPRESSO)
ECLI:EU:UNKNOWN:62014TN0747
62014TN0747
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22.12.2014
EN
Official Journal of the European Union
C 462/32
(Case T-747/14)
(2014/C 462/44)
Language in which the application was lodged: English
Parties
Applicant: Merck KGaA (Darmstadt, Germany) (represented by: M. Best, U. Pfleghar and S. Schäffner, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Société de Produits Nestlé SA (Vevey, Switzerland)
Details of the proceedings before OHIM
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: Community word mark ‘HEALTHPRESSO’ — Application for registration No 1 0 0 03 028
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the First Board of Appeal of OHIM of 7 August 2014 in Case R 1880/2013-1
Form of order sought
The applicant claims that the Court should:
—Partially annul the contested decision insofar as the Board of Appeal upheld the opposition and rejected the CTM application for the goods in Class 30;
—Reject opposition No B 1 1 91 607;
—Order OHIM and the other party to the proceedings before the Board of Appeal to pay the costs.
Pleas in law
—Infringement of Article 96(2) of Regulation No 207/2009;
—Infringement of Article 15(1) of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009.