Back to EUR-Lex homepage

EUR-Lex Access to European Union law

Back to EUR-Lex homepage

This document is an excerpt from the EUR-Lex website

Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search
You are here

Document 62013TN0482

Case T-482/13: Action brought on 9 September 2013 — MedSkin Solutions Dr. Suwelack v OHIM — Cryo-Save (CryoSafe)

OJ C 313, 26.10.2013, p. 33–34 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

26.10.2013   

EN

Official Journal of the European Union

C 313/33

Action brought on 9 September 2013 — MedSkin Solutions Dr. Suwelack v OHIM — Cryo-Save (CryoSafe)

(Case T-482/13)

2013/C 313/63

Language in which the application was lodged: German

Parties

Applicant: MedSkin Solutions Dr. Suwelack AG (Billerbeck, Germany) (represented by: A. Thünken, lawyer)

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

Other party to the proceedings before the Board of Appeal: Cryo-Save AG (Pfäffikon, Switzerland)

Form of order sought

The applicant claims that the Court should:

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 July 2013 (Case R 1759/2012-4) and alter it to the effect that the appeal lodged by the applicant at OHIM is well-founded and the opposition is therefore to be rejected;

—

In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 July 2013 (Case R 1759/2012-4) and refer the case back to the competent Examiner at OHIM;

—

Order OHIM to pay the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark ‘CryoSafe’ for goods and services in Classes 5 and 40 — Community trade mark application No 9 619 586

Proprietor of the mark or sign cited in the opposition proceedings: Cryo-Save AG

Mark or sign cited in opposition: the word mark ‘CryoSave’ for goods in Classes 10, 42 and 44

Decision of the Opposition Division: the opposition was upheld in part

Decision of the Board of Appeal: the appeal was dismissed

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009

Top