Action brought on 4 February 2014 — Copernicus-Trademarks v OHIM — Maquet (LUCEO)

(Case T-82/14)

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