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.