CELEX: 62013TN0482
Language: en
Date: 2013-09-09 00:00:00
Title: Case T-482/13: Action brought on 9 September 2013 — MedSkin Solutions Dr. Suwelack v OHIM — Cryo-Save (CryoSafe)

26.10.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 313/33
            
         Action brought on 9 September 2013 — MedSkin Solutions Dr. Suwelack v OHIM — Cryo-Save (CryoSafe)
   (Case T-482/13)
   2013/C 313/63
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: MedSkin Solutions Dr. Suwelack AG (Billerbeck, Germany) (represented by: A. Thünken, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Cryo-Save AG (Pfäffikon, Switzerland)
   
      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) (OHIM) of 4 July 2013 (Case R 1759/2012-4) and alter it to the effect that the appeal lodged by the applicant at OHIM is well-founded and the opposition is therefore to be rejected;
            
         
               —
            
            
               In the alternative, annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 4 July 2013 (Case R 1759/2012-4) and refer the case back to the competent Examiner at OHIM;
            
         
               —
            
            
               Order OHIM to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the word mark ‘CryoSafe’ for goods and services in Classes 5 and 40 — Community trade mark application No 9 619 586
   
      Proprietor of the mark or sign cited in the opposition proceedings: Cryo-Save AG
   
      Mark or sign cited in opposition: the word mark ‘CryoSave’ for goods in Classes 10, 42 and 44
   
      Decision of the Opposition Division: the opposition was upheld in part
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009