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Case T-239/15: Action brought on 15 May 2015 — Cryo-Save v OHIM — MedSkin Solutions Dr. Suwelack (Cryo-Save)
ECLI:EU:UNKNOWN:62015TN0239
62015TN0239
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EN
Official Journal of the European Union
C 236/44
(Case T-239/15)
(2015/C 236/59)
Language in which the application was lodged: German
Parties
Applicant: Cryo-Save AG (Freienbach, Switzerland) (represented by: C. Onken, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: MedSkin Solutions Dr. Suwelack AG (Billerbeck, Germany)
Details of the proceedings before OHIM
Proprietor of the trade mark at issue: Applicant
Trade mark at issue: Community word mark ‘Cryo-Save’ — Community trade mark No 4 625 216
Procedure before OHIM: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 3 March 2015 in Case R 2567/2013-4
Form of order sought
The applicant claims that the Court should:
—alter the contested decision to the effect that the decision of the Cancellation Division of 30 October 2013 is annulled and the application for revocation of Community trade mark No 4 625 216 is rejected;
in the alternative: annul the contested decision;
—order OHIM to pay the costs.
Pleas in law
—Infringement of Article 56(2) of Regulation No 207/2009 in conjunction with Rule 37(b)(iv) of Regulation No 2868/95;
—Infringement of Article 51(1)(a) of Regulation No 207/2009.