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Case T-186/12: Action brought on 26 April 2012 — Verus v OHIM — Maquet (LUCEA LED)
ECLI:EU:UNKNOWN:62012TN0186
62012TN0186
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7.7.2012
EN
Official Journal of the European Union
C 200/18
(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:
—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;
—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:
—infringement of Article 8(1) of Regulation No 207/2009,
—infringement of Article 76(2) of Regulation No 207/2009,
—infringement of the second sentence of Article 75 of Regulation No 207/2009,
—infringement of Rule 6(4) of implementing Regulation (EC) 2868/95 in conjunction with decision No EX-05-5 of the President of OHIM,
—infringement of Article 42 of Regulation No 207/2009.