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Document 62014TN0082

    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:

    —

    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.

    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:

    —

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

    —

    Infringement of Article 74 of Regulation No 207/2009

    —

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