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Case T-318/13: Action brought on 13 June 2013 — Vita Phone v OHIM (LIFEDATA)
ECLI:EU:UNKNOWN:62013TN0318
62013TN0318
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Official Journal of the European Union
C 226/25
(Case T-318/13)
(2013/C 226/34)
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