CELEX: 62012TN0186
Language: en
Date: 2012-04-26 00:00:00
Title: Case T-186/12: Action brought on 26 April 2012 — Verus v OHIM — Maquet (LUCEA LED)

7.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 200/18
            
         Action brought on 26 April 2012 — Verus v OHIM — Maquet (LUCEA LED)
   (Case T-186/12)
   2012/C 200/38
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Verus Eood (Sofia, Bulgaria) (represented by: S. Vykydal, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Maquet SAS (Ardon, France)
   
      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 13 February 2012 in Case R 67/2011-4 and refer the case back to the Board of Appeal;
            
         
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               order the defendant to pay the costs before the Court and the costs of the proceedings before the Board of Appeal.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: Maquet SAS
   
      Community trade mark concerned: the word mark ‘LUCEA LED’ for goods in Class 10
   
      Proprietor of the mark or sign cited in the opposition proceedings: the applicant
   
      Mark or sign cited in opposition: the word mark ‘LUCEO’ for goods in Classes 10, 12 and 28
   
      Decision of the Opposition Division: the opposition was upheld
   
      Decision of the Board of Appeal: the appeal was allowed and the opposition was rejected
   Pleas in law:
   
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               infringement of Article 8(1) of Regulation No 207/2009,
            
         
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               infringement of Article 76(2) of Regulation No 207/2009,
            
         
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               infringement of the second sentence of Article 75 of Regulation No 207/2009,
            
         
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               infringement of Rule 6(4) of implementing Regulation (EC) 2868/95 in conjunction with decision No EX-05-5 of the President of OHIM,
            
         
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               infringement of Article 42 of Regulation No 207/2009.