Judgment — ECLI:EU:T:2013:301
Date: 2013-06-06
Language of the case: English
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Sweden

Judgment of the General Court of 6 June 2013 – McNeil v OHIM – Alkalon (NICORONO) (Case T-580/11) 1 (Community trade mark – Opposition proceedings – Application for the Community word mark NICORONO – Earlier Community word mark NICORETTE – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009) Language of the case: English Parties Applicant: McNeil AB (Helsingborg, Sweden) (represented by: I. Starr, Solicitor, and G. Tritton, Barrister) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent) Other party to the proceedings before the Board of Appeal of OHIM: Alkalon ApS (Copenhagen, Denmark) Re: Action brought against the decision of the Second Board of Appeal of OHIM of 3 August 2011 (Case R 1582/2010-2), relating to opposition proceedings between McNeil AB and Alkalon ApS. Operative part of the judgment The Court: 1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 August 2011 (Case R 1582/2010-2); 2. Orders OHIM to pay the costs. ____________ 1 OJ C 25, 28.1.2012.