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Document 62013TN0551

    Case T-551/13: Action brought on 15 October 2013 — Radecki v OHIM — Vamed (AKTIVAMED)

    OJ C 367, 14.12.2013, p. 36–36 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    14.12.2013   

    EN

    Official Journal of the European Union

    C 367/36


    Action brought on 15 October 2013 — Radecki v OHIM — Vamed (AKTIVAMED)

    (Case T-551/13)

    2013/C 367/64

    Language in which the application was lodged: German

    Parties

    Applicant: Michael Radecki (Cologne, Germany) (represented by: C. Menebröcker and V. Töbelmann, lawyers)

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

    Other party to the proceedings before the Board of Appeal: Vamed AG (Vienna, Austria)

    Form of order sought

    Annul the decisions of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 July 2013 (Case R 365/2012-1);

    order OHIM to bear its own costs and to pay the applicant’s costs.

    Pleas in law and main arguments

    Applicant for a Community trade mark: Michael Radecki

    Community trade mark concerned: Word mark ‘AKTIVAMED’ for goods and services in Classes 5, 11 and 44 — Community trade mark No 8 958 886

    Proprietor of the mark or sign cited in the opposition proceedings: Vamed AG

    Mark or sign cited in opposition: Austrian figurative marks and international registration ‘VAMED’ for goods and services in Classes 8, 9, 10, 11, 12, 16, 20, 21, 28, 35, 36, 37, 39, 41, 42, 43, 44 and 45

    Decision of the Opposition Division: Opposition dismissed

    Decision of the Board of Appeal: Decision of the Opposition Division annulled

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


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