# C_2014112EN.01005001.xml

| 14.4.2014 | EN | Official Journal of the European Union | C 112/50 |
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14.4.2014

EN

Official Journal of the European Union

C 112/50

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Action brought on 4 February 2014 — Copernicus-Trademarks v OHIM — Maquet (LUCEO)

(Case T-82/14)

2014/C 112/64

Language in which the application was lodged: German

Parties

Parties

Applicant: Copernicus-Trademarks Ltd (Borehamwood, United Kingdom) (represented by: F. Henkel, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: Maquet GmbH & Co. KG (Rastatt, Germany)

Other party to the proceedings before the Board of Appeal:

Form of order sought

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 25 November 2013 in Case R 2292/2012-4 and reject the application for a declaration of invalidity of the Community trade mark LUCEO, No 8 554 974;
  In the alternative, annul the contested decision and refer the case back to the Board of Appeal; |
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Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 November 2013 in Case R 2292/2012-4 and reject the application for a declaration of invalidity of the Community trade mark LUCEO, No 8 554 974;

In the alternative, annul the contested decision and refer the case back to the Board of Appeal;

| — | Order the defendant to pay the costs. |
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Order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark LUCEO for goods in Classes, 10, 12 and 28 — Community trade mark No 8 554 974

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: the applicant

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity of the Community trade mark: Maquet GmbH & Co. KG

Applicant for the declaration of invalidity of the Community trade mark:

Grounds for the application for a declaration of invalidity: Article 52(1)(b) of Regulation No 207/2009

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: the application for a declaration of invalidity was granted

Decision of the Cancellation Division:

Decision of the Board of Appeal: the appeal was dismissed

Decision of the Board of Appeal:

Pleas in law:

Pleas in law:

| — | Infringement of the second sentence of Article 75 of Regulation No 207/2009 |
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Infringement of the second sentence of Article 75 of Regulation No 207/2009

| — | Infringement of Article 74 of Regulation No 207/2009 |
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Infringement of Article 74 of Regulation No 207/2009

| — | Infringement of Article 52(1)(b) of Regulation No 207/2009 |
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Infringement of Article 52(1)(b) of Regulation No 207/2009

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