Action brought on 5 November 2014 – Merck v OHIM – Nestlé (HEALTHPRESSO)
(Case T-747/14)
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 10 003 028
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 1 191 607;
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.