Source: EURLEX
Language: en
Format: md

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| 28.4.2007 | EN | Official Journal of the European Union | C 96/13 |

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Judgment of the Court (Third Chamber) of 26 April 2007 — Alcon Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA

(Case C-412/05 P)[(1)](#ntr1-C_2007096EN.01001301-E0001)

(Appeals - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Relative ground for refusal of registration - Likelihood of confusion - Article 43(2) and (3) - Genuine use - New plea - Word mark ‘TRAVATAN’ - Opposition by proprietor of earlier national trade mark ‘TRIVASTAN’)

(2007/C 96/20)

Language of the case: English

Parties

Appellant: Alcon Inc. (represented by: G. Breen, solicitor, and J. Gleeson SC)

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent) Biofarma SA (represented by: V. Gil Vega and A. Ruiz López, laywers)

Re:

Appeal against the judgment of the Court of First Instance (Third Chamber) of 22 September 2005 in Case T-130/03 Alcon v OHIM dismissing an action for annulment brought by the applicant for the Community trade mark ‘TRAVATAN ’in respect of goods in Class 5 against Decision R 968/2001-3 of the Third Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 30 January 2003, which had dismissed the appeal brought against the decision of the Opposition Division refusing registration of that mark in the opposition proceedings brought by the proprietor of the national word mark ‘TRIVASTAN ’in respect of goods in Class 5

Operative part of the judgment

The Court:

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| 1. | Dismisses the appeal; |

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| 2. | Orders Alcon Inc. to pay, in addition to its own costs, the costs of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); |

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| 3. | Orders Biofarma SA to bear its own costs. |

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