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Case T-173/13: Judgment of the General Court of 12 December 2014 — Selo Medical v OHIM — biosyn Arzneimittel (SELOGYN) (Community trade mark — Opposition proceedings — Application for Community word mark SELOGYN — Earlier national word mark SELESYN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Refusal to register)
ECLI:EU:UNKNOWN:62013TA0173
62013TA0173
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Official Journal of the European Union
C 46/47
(Case T-173/13)(1)
((Community trade mark - Opposition proceedings - Application for Community word mark SELOGYN - Earlier national word mark SELESYN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Refusal to register))
(2015/C 046/58)
Language of the case: 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) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: biosyn Arzneimittel GmbH (Fellbach, Germany) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 January 2013 (Case R 2601/2011-4), relating to opposition proceedings between biosyn Arzneimittel GmbH and Selo Medical GmbH.
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders Selo Medical GmbH to pay the costs.
OJ C 141, 18.5.2013.