Source: EURLEX
Language: en
Format: md

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| 18.5.2013 | EN | Official Journal of the European Union | C 141/25 |

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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:

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| — | 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; |

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| — | 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

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