CELEX: 62009TJ0160
Community trade mark
Opposition proceedings
Application for Community word mark OFTAL CUSI
Earlier Community word mark Ophtal
Relative ground for refusal
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the First Board of Appeal of OHIM of 4 February 2009 (Case R 1471/2007-1) concerning
opposition proceedings between Dr Robert Winzer Pharma GmbH and Alcon Inc.
Operative part
The Court:
1.
Dimisses the action;
2.
Orders Dr Robert Winzer Pharma GmbH to bear its own costs and those of the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM) and of Alcon Inc.