Action brought on 20 March 2013 - Selo Medical v OHIM - biosyn Arzneimittel (SELOGYN)

(Case T-173/13)

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

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