Action brought on 26 April 2012 - Verus v OHIM - Maquet (LUCEA LED)

(Case T-186/12)

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.

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