Case T-106/07: Judgment of the Court of First Instance of 10 September 2008 — Alcon v OHIM — *Acri.Tec (BioVisc) (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)
Date: 2008-09-10
Institutions: Court of First Instance
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), pharmaceutical product, trade-mark law

25.10.2008

EN

Official Journal of the European Union

C 272/25

Judgment of the Court of First Instance of 4 September
2008 — Gualtieri v Commission

(Case T-413/06 P) (1)

(Appeal — Seconded National Expert — Order for referral —
lodged —
Decision against which an appeal may be

Inadmissibility)

(2008/C 272/46)

Defendant: Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (represented: initially by S. Laitinen,
and subsequently by A. Folliard-Monguiral, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM
*Acri.Tec AG
Instance:
intervening before
Gesellschaft
(Hennigsdorf,
für ophthalmologische Produkte
Germany) (represented by: M. von Welser, lawyer)

the Court of First

Language of the case: Italian

Re:

Parties

Applicant: Claudia Gualtieri (Brussels, Belgium) (represented by:
P. Gualtieri and M. Gualtieri, lawyers)

Defendant: Commission of the European Communities (repre-
sented by: J. Currall, acting as Agent, and G. Faedo, lawyer)

Re:

Appeal brought against the order of the Civil Service Tribunal
(First Chamber) of 9 October 2006 in Case F-53/06 Gualtieri v
Commission, not yet published in the ECR, and seeking the
annulment of that order

Operative part of the judgment

The Court:

1. Dismisses the appeal;

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.

Operative part of the judgment

The Court:

1. Dismisses the action.

2. Orders Alcon Inc. to pay the costs.

(1) OJ C 129, 9.6.2007.

2. Orders Ms Claudia Gualtieri to bear her own costs and to pay the

costs incurred by the Commission in the appeal proceedings.

Judgment of the Court of First Instance of 8 September
2008 — Kerstens v Commission

(1) OJ C 42, 24.2.2007.

(Case T-222/07 P) (1)

(Appeal — Civil Service — Officials — Career development
report — Time limit for lodging a complaint — Lateness —
Appeal not founded)

Judgment of the Court of First Instance of 10 September
2008 — Alcon v OHIM — *Acri.Tec (BioVisc)

(Case T-106/07) (1)

Parties

(2008/C 272/48)

Language of the case: French

(Community trade mark — Opposition proceedings — Appli-
cation for Community word mark BioVisc — Earlier
international word marks PROVISC and DUOVISC — Rela-
tive ground for refusal — No likelihood of confusion —
Article 8(1)(b) of Regulation (EC) No 40/94)

(2008/C 272/47)

Language of the case: English

Appellant: Petrus Kerstens (Overijse, Belgium) (represented by: C.
Mourato, lawyer)

Other party to the proceedings: Commission of
the European
Communities (represented by: D. Martin and K. Herrmann,
acting as Agents)

Re:

Parties

Applicant: Alcon Inc. (Hünenberg, Switzerland) (represented by:
M. Graf and R. Schulz, lawyers)

Appeal brought against the order of the European Union Civil
Service Tribunal (Second Chamber) on 25 April 2007 in Case
F-59/06 Kerstens v Commission, not yet published in the ECR,
and seeking annulment of that order