23.2.2008

EN

Official Journal of the European Union

C 51/48

(Case T-460/07)

(2008/C 51/90)

Language in which the application was lodged: English

Parties

Applicant: Nokia Oyj (Helsinki, Finland) (represented by: J. Tanhuanpää, lawyer)

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

Other party to the proceedings before the Board of Appeal: Medion AG (Essen, Germany)

Form of order sought

—The decision of 2 October 2007 of the Second Board of Appeal in Case R 141/2007-2 should be set aside in its entirety and the case should be remitted to the OHIM for registration of the applicant's trade mark;

—the respondent should be ordered to pay the costs of the applicant.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The Community word mark ‘LIFE BLOG’ for goods and services in class 9, 38 and 41 — application No 3 564 366

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

Mark or sign cited: The national and international word marks ‘LIFE’ and ‘LIFETEC’, for goods and services in classes 1, 7, 8, 9, 10, 11, 16, 21, 28, 37, 38, 41 and 42; the national and international word mark ‘LIFESAT’ for goods in Class 9 and the national word mark ‘Lifesign’ for goods in Classes 9, 14 and 16

Decision of the Opposition Division: Rejected the application for registration partially

Decision of the Board of Appeal: Upheld the opposition and dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation (EC) No 40/94.