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Case T-551/13: Judgment of the General Court of 26 March 2015 — Radecki v OHIM — Vamed (AKTIVAMED) (Community trade mark — Opposition proceedings — Application for Community word mark AKTIVAMED — Earlier national figurative mark VAMED — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)

ECLI:EU:UNKNOWN:62013TA0551

62013TA0551

March 26, 2015
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11.5.2015

Official Journal of the European Union

C 155/25

(Case T-551/13)( (<span class="super">1</span>))

((Community trade mark - Opposition proceedings - Application for Community word mark AKTIVAMED - Earlier national figurative mark VAMED - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))

(2015/C 155/28)

Language of the case: 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) (represented by: initially A. Pohlmann then S. Hanne, Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Vamed AG (Vienna, Austria) (represented by: R. Paulitsch, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 18 July 2013 (Case R 365/2012-1) relating to opposition proceedings between Vamed AG and Michael Radecki.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Mr Michael Radecki to pay the costs.

(<span class="super">1</span>) OJ C 367, 14.12.2013.

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