Judgment — ECLI:EU:T:2012:368
Date: 2012-07-12
Language of the case: Spanish
Court formation: Sixth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Germany

summary of the pleas in law on which the application is based — Pleas in law not set out in the application — General reference to other documents — Inadmissibility (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 43) 3. 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 — Assessment of the likelihood of confusion (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 49, 105) 4. 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 — Word mark BAÑOFTAL — Word marks KAN-OPHTAL and PAN-OPHTAL (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 51, 64, 71, 103, 106) 5. Community trade mark — Decisions of the Office — Principle of equal treatment — Principle of sound administration — OHIM’s previous decision-making practice (see para. 85) 6. Community trade mark — Definition and acquisition of the Community trade mark — Prior registration of the trade mark in certain Member States — Effect (see para. 92) Re: ACTION brought against the decision of the First Board of Appeal of OHIM of 28 May 2009 (Case R 795/2008-1) relating to opposition proceedings between Dr Robert Winzer Pharma GmbH and Alcon Inc. Operative part The Court: 1. Annuls the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 May 2009 (Case R 795/2008‑1); 2. Orders OHIM to bear its own costs and to pay those incurred by Dr Robert Winzer Pharma GmbH; 3. Orders Alcon Inc. to bear its own costs.