Action brought on 23 December 2013 – Copernicus-Trademarks v OHIM – Blue Coat Systems (BLUECO)

(Case T-685/13)

Language in which the application was lodged: German

Parties

Applicant: Copernicus-Trademarks Ltd (Borehamwood, United Kingdom) (represented by: L. Pechan and S. Körber, lawyers)

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

Other party to the proceedings before the Board of Appeal: Blue Coat Systems, Inc. (Sunnyvale, United States of America)

Form of order sought

The applicant claims that the Court should:

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 October 2013 in Case R 2028/2012-1 and alter it to the effect that the appeal is well founded and the opposition is therefore to be rejected in its entirety;

Order OHIM and Blue Coast Systems, Inc., should the latter intervene in these proceedings, to pay the costs including those incurred in the course of the appeal proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘BLUECO’ for goods in Class 9 – Community trade mark application No 9 724 675

Proprietor of the mark or sign cited in the opposition proceedings: Blue Coat Systems, Inc.

Mark or sign cited in opposition: the word mark ‘BLUE COAT’ for goods in Class 9 and services in Classes 38 and 42 – Community trade mark No 3 016 235

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009