Source: EURLEX
Language: en
Format: md

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| 20.7.2015 | EN | Official Journal of the European Union | C 236/44 |

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Action brought on 15 May 2015 — Cryo-Save v OHIM — MedSkin Solutions Dr. Suwelack (Cryo-Save)

(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:

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| — | 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; |

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| — | order OHIM to pay the costs. |

Pleas in law

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| — | Infringement of Article 56(2) of Regulation No 207/2009 in conjunction with Rule 37(b)(iv) of Regulation No 2868/95; |

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| — | Infringement of Article 51(1)(a) of Regulation No 207/2009. |

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