Source: EURLEX
Language: en
Format: md

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| 22.2.2014 | EN | Official Journal of the European Union | C 52/41 |

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Action brought on 23 December 2013 — Copernicus-Trademarks v OHIM — Blue Coat Systems (BLUECO)

(Case T-685/13)

2014/C 52/79

Language in which the application was lodged: German

Parties

Applicant: Copernicus-Trademarks Ltd (Borehamwood, United Kingdom) (represented by: L. Pechan and S. Körber, lawyers)

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

Other party to the proceedings before the Board of Appeal: Blue Coat Systems, Inc. (Sunnyvale, United States of America)

Form of order sought

The applicant claims that the Court should:

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| — | Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2013 in Case R 2028/2012-1 and alter it to the effect that the appeal is well founded and the opposition is therefore to be rejected in its entirety; |

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| — | Order OHIM and Blue Coast Systems, Inc., should the latter intervene in these proceedings, to pay the costs including those incurred in the course of the appeal proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘BLUECO’ for goods in Class 9 — Community trade mark application No 9 724 675

Proprietor of the mark or sign cited in the opposition proceedings: Blue Coat Systems, Inc.

Mark or sign cited in opposition: the word mark ‘BLUE COAT’ for goods in Class 9 and services in Classes 38 and 42 — Community trade mark No 3 016 235

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009

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