Action brought on 10 April 2014 – Deluxe Laboratories v OHIM (deluxe)

(Case T-222/14)

Language of the case: Spanish

Parties

Applicant: Deluxe Laboratories, Inc (Burbank, United States) (represented by: S. Serrat Viñas, lawyer)

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

Form of order sought

The applicant claims that the Court should:

annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 22 January 2014 in Case R 1250/2013-2;

order the defendant to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: Figurative mark with word element ‘deluxe’ for goods and services in Classes 9, 35, 37, 39, 40, 41, 42 and 45 – Community trade mark application No 11 253 044

Decision of the Examiner: Registration refused

Decision of the Board of Appeal: Appeal dismissed

Pleas in law:

Infringement of Article 75 of Regulation No 207/2009;

Infringement of Article 7(1)(c) of Regulation No 207/2009;

Infringement of Article 7(1)(b) of Regulation No 207/2009;

Infringement of Article 7(3) of Regulation No 207/2009;

Infringement of the principles of then protection of legitimate expectations, acquired rights and the lawfulness of Community measures