Judgment — ECLI:EU:T:2008:340
Date: 2008-09-10
Language of the case: English
Court formation: Fourth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded

Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Alcon v OHIM – *Acri.Tec (BioVisc) (Case T-106/07) Community trade mark – Opposition proceedings – Application for Community word mark BioVisc – Earlier international word marks PROVISC and DUOVISC − Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 26, 43) Re: ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 February 2007 (Case R 660/2006-2) concerning opposition proceedings between Alcon Inc. and *Acri.Tec AG Gesellschaft für ophthalmologische Produkte. Information relating to the case Applicant for the Community trade mark: *Acri.Tec AG Gesellschaft für ophtalmologische Produkte Community trade mark sought: Word Mark BioVisc for goods in Class 5 – Application No 3651809 Proprietor of the mark or sign cited in the opposition proceedings: Alcon Inc. Marks or signs relied on in support of the opposition: International work marks PROVISC and DUOVISC for goods in Class 5 Decision of the Opposition Division: Opposition upheld in its entirety Decision of the Board of Appeal: Opposition dismissed in its entirety Operative part The Court: 1. Dismisses the action; 2. Orders Alcon Inc. to pay the costs.