Source: EURLEX
Language: en
Format: md

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| 8.1.2005 | EN | Official Journal of the European Union | C 6/21 |

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ORDER OF THE COURT

(Sixth Chamber)

of 5 October 2004

in Case C-192/03 P: Alcon Inc. against the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM), Dr Robert Winzer Pharma GmbH[(1)](#ntr1-C_2005006EN.01002102-E0001)

(Appeal - Community mark - Regulation (EC) No 40/94 - Nullity of the Community mark - Article 51 of Regulation No 40/94 - Absolute grounds for refusal of registration - Article 7(1)(d) of Regulation No 40/94 - Distinctive character acquired through use - Article 7(3) of Regulation No 40/94 - Word mark ‘BSS’)

(2005/C 6/41)

Language of the case: English

In Case C-192/03P: Alcon Inc., formerly Alcon Universal Ltd, established in Hünenberg (Switzerland) (lawyers: C. Morcom, QC, and S. Clark), the other parties to the proceedings being the Office for Harmonization in the Internal Market (Trade Marks and Designs) (OHIM) (Agents: S. Laitinen and A. Sesma Merino) and Dr Robert Winzer Pharma GmbH, established in Olching (Germany) (lawyer: S. Schneller) – appeal under Article 56 of the Statute of the Court of Justice, brought on 2 May 2003 – the Court (Sixth Chamber), composed of J.-P. Puissochet (Rapporteur), President of the Chamber, F. Macken and U. Lõhmus, Judges; Advocate General: M. Poiares Maduro, Registrar: R. Grass, has given an order on 5 October 2004, in which it:

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| 1) | Dismisses the action; |

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| 2) | Orders Alcon Inc. to pay the costs. |

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