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 |
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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