Notices for publication in the OJ nº T-346/09 of Court of First Instance of the European Communities, October 24, 2009

Resolution Date:October 24, 2009
Issuing Organization:Court of First Instance of the European Communities
Decision Number:T-346/09
SUMMARY

Community trade mark – Action for annulment brought by the proprietor of the national word marks ‘PAN OPHTAL’ and ‘KAN OPHTAL’ for goods in Class 5 against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 28 May 2009 in Case R 795/2008-1 dismissing the appeal against the Opposition Division’s decision rejecting the opposition brought by... (see full summary)

 
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Action brought on 1 September 2009 - Winzer Pharma v OHIM - Alcon (BAÑOFTAL)

(Case T-346/09)

Language in which the application was lodged: English

Parties

Applicants: Dr. Robert Winzer Pharma GmbH (Berlin, Germany) (represented by: S. Schneller, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Alcon, Inc. (Hünenberg, Switzerland)

Form of order sought

Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 28 May 2009 in case R 795/2008-1;

Order the defendant, in any event the other party to the proceedings before the Board of Appeal, to pay the costs; and

In the auxiliary, defer the matter to OHIM.

Pleas in law and main arguments

Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "BAÑOFTAL", for goods in class 5

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: German trade mark registration of the mark "PAN-OPHTAL" registered for goods in class 5; German trade mark registration of the mark "KAN-OPHTAL" registered for goods class 5

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article...

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