Judgment — ECLI:EU:T:2015:191
Date: 2015-03-26
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

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