Action brought on 13 June 2013 – Vita Phone v OHIM (LIFEDATA)

(Case T-318/13)

Language of the case: German

Parties

Applicant: Vita Phone GmbH (Mannheim, Germany) (represented by P. Ruess and A. Doepner-Thiele, lawyers)

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 First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 26 March 2013 in Case R 1072/2012-1;

Order OHIM to pay the costs.

Pleas in law and main arguments

Community trade mark concerned: the word mark ‘LIFEDATA’ for goods and services in Classes 10 and 44 – Community trade mark application No 10 525 053

Decision of the Examiner: the application was rejected

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law:

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

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