Community trade mark Opposition proceedings Relative ground for refusal No likelihood of confusion Article 8(1)(b) of Regulation (EC) No 40/94 Application for Community word mark BioVisc Earlier international word marks PROVISC and DUOVISC
Sumário
Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008.
Alcon Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community word mark BioVisc - Earlier international word marks PROVISC and DUOVISC - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94.
Case T-106/07.
Texto da decisão
Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Alcon v OHIM – *Acri.Tec (BioVisc)
(Case T-106/07)
Community trade mark – Opposition proceedings – Application for Community word mark BioVisc – Earlier international word marks PROVISC and DUOVISC − Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94
Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 26, 43)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 February 2007 (Case R 660/2006-2) concerning opposition proceedings between Alcon Inc. and *Acri.Tec AG Gesellschaft für ophthalmologische Produkte. |
Information relating to the case
|
Applicant for the Community trade mark: |
*Acri.Tec AG Gesellschaft für ophtalmologische Produkte |
|
Community trade mark sought: |
Word Mark BioVisc for goods in Class 5 – Application No 3651809 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Alcon Inc. |
|
Marks or signs relied on in support of the opposition: |
International work marks PROVISC and DUOVISC for goods in Class 5 |
|
Decision of the Opposition Division: |
Opposition upheld in its entirety |
|
Decision of the Board of Appeal: |
Opposition dismissed in its entirety |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Alcon Inc. to pay the costs. |