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Case T-173/13: Action brought on 20 March 2013 — Selo Medical v OHIM — biosyn Arzneimittel (SELOGYN)
ECLI:EU:UNKNOWN:62013TN0173
62013TN0173
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Valentina R., lawyer
18.5.2013
EN
Official Journal of the European Union
C 141/25
(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