Judgment of the General Court of 25 June 2015 — Copernicus-Trademarks v OHIM — Maquet (LUCEA LED)
(Case T-186/12) 1
(Community trade mark — Opposition proceedings — Application for Community word mark LUCEA LED — Earlier Community word mark LUCEO — Lack of precedence — Claiming of priority — Priority date entered in the register — Priority documents — Examination by OHIM of its own motion — Rights of the defence)
Language of the case: English
Parties
Applicant: Copernicus-Trademarks Ltd (Borehamwood, United Kingdom), authorised to replace Verus EOOD (represented: initially by S. Vykydal and subsequently by F. Henkel, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Maquet SAS (Ardon, France) (represented by: N. Hebeis, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 13 February 2012 (Case R 67/2011-4), relating to opposition proceedings between Capella EOOD and Maquet SAS.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Copernicus-Trademarks Ltd to bear its own costs and to pay the costs incurred by the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and by Maquet SAS.
____________1 OJ C 200, 7.7.2012.