Judgment of the General Court of 12 December 2014 — Selo Medical v OHIM — biosyn Arzneimittel (SELOGYN)
(Case T-173/13) 1
(Community trade mark — Opposition proceedings — Application for Community word mark SELOGYN — Earlier national word mark SELESYN — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Refusal to register)
Language of the case: 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) (represented by: D. Walicka, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: biosyn Arzneimittel GmbH (Fellbach, Germany) (represented by: R. Kunz-Hallstein and H. Kunz-Hallstein, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 January 2013 (Case R 2601/2011-4), relating to opposition proceedings between biosyn Arzneimittel GmbH and Selo Medical GmbH.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Selo Medical GmbH to pay the costs.
________________________1 OJ C 141, 18.5.2013.