This document is an excerpt from the EUR-Lex website
Document 62013TN0173
Case T-173/13: Action brought on 20 March 2013 — Selo Medical v OHIM — biosyn Arzneimittel (SELOGYN)
Case T-173/13: Action brought on 20 March 2013 — Selo Medical v OHIM — biosyn Arzneimittel (SELOGYN)
Case T-173/13: Action brought on 20 March 2013 — Selo Medical v OHIM — biosyn Arzneimittel (SELOGYN)
SL C 141, 18.5.2013, p. 25–26
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
|
18.5.2013 |
EN |
Official Journal of the European Union |
C 141/25 |
Action brought on 20 March 2013 — Selo Medical v OHIM — biosyn Arzneimittel (SELOGYN)
(Case T-173/13)
2013/C 141/46
Language in which the application was lodged: German
Parties
Applicant: Selo Medical GmbH (Unternberg, Austria) (represented by: T. Schneider, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: biosyn Arzneimittel GmbH (Fellbach, Germany)
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) of 21 January 2013 in Case R 2601/2011-4 and reject the opposition against the Community trade mark application; |
|
— |
Order OHIM or the potential intervener to pay the costs pursuant to Article 87(2) of the Rules of Procedure of the General Court. |
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘SELOGYN’ for goods in Class 5 — Community trade mark application No 9 049 016
Proprietor of the mark or sign cited in the opposition proceedings: biosyn Arzneimittel GmbH
Mark or sign cited in opposition: the national word mark ‘SELESYN’ for goods and services in Classes 5, 29 and 44
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009