CELEX: 62014TN0082
Language: en
Date: 2014-02-04 00:00:00
Title: Case T-82/14: Action brought on 4 February 2014 — Copernicus-Trademarks v OHIM — Maquet (LUCEO)

14.4.2014   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 112/50
            
         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
   
   
      Applicant: Copernicus-Trademarks Ltd (Borehamwood, United Kingdom) (represented by: F. Henkel, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Maquet GmbH & Co. KG (Rastatt, Germany)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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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;
            
         
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               Order the defendant to pay the costs.
            
         
      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
   
      Proprietor of the Community trade mark: the applicant
   
      Applicant for the declaration of invalidity of the Community trade mark: Maquet GmbH & Co. KG
   
      Grounds for the application for a declaration of invalidity: Article 52(1)(b) of Regulation No 207/2009
   
      Decision of the Cancellation Division: the application for a declaration of invalidity was granted
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law:
   
   
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               Infringement of the second sentence of Article 75 of Regulation No 207/2009
            
         
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               Infringement of Article 74 of Regulation No 207/2009
            
         
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               Infringement of Article 52(1)(b) of Regulation No 207/2009