Action brought on 27 October 2014 – Hersill v OHIM – KCI Licensing (VACUP)

(Case T-741/14)

Language in which the application was lodged: English

Parties

Applicant: Hersill, SL (Móstoles, Spain) (represented by: M. Aznar Alonso, lawyer)

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

Other party to the proceedings before the Board of Appeal: KCI Licensing, Inc. (San Antonio, United States)

Details of the proceedings before OHIM

Applicant: The other party to the proceedings before the Board of Appeal

Trade mark at issue: Community trade mark application No 9 943 499

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 14 August 2014 in Case R 1520/2013-2

Form of order sought

The applicant claims that the Court should:

declare the present appeal as well founded and annul the contested decision;

order OHIM and the other party to the proceedings before the Board of Appeal, should they appear as parties in the present process, to pay the costs.

Pleas in law

Infringement of Article 42(2) of Regulation No 207/2009 and of Rule 22(3) of Regulation No 2868/95;

Infringement of Article 8(1)(b) of Regulation No 207/2009.