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

(Case T-551/13)

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