Source: EURLEX
Language: en
Format: md

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| 12.11.2005 | EN | Official Journal of the European Union | C 281/20 |

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Judgment of the Court of First Instance of 22 September 2005 — Alcon v OHIM

(Case T-130/03)[(1)](#ntr1-C_2005281EN.01002001-E0001)

(Community trade mark - Opposition proceedings - Earlier national word mark TRIVASTAN - Application for Community word mark TRAVATAN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)

(2005/C 281/36)

Language of the case: English

Parties

Applicant(s): Alcon Inc. (Hünenberg, Switzerland) (represented by: G. Breen, Solicitor, and J. Gleeson, Barrister)

Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Palmero Cabezas and S. Laitinen, Agents)

Other party or parties to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance

:
 Biofarma SA, (Neuilly-sur-Seine, France) (represented by: V. Gil Vega, A. Ruiz Lopez, and D. González Maroto, lawyer)

Application for

annulment of the decision of the Third Board of Appeal of OHIM of 30 January 2003 (Case R 968/2001-3) concerning opposition proceedings between Alcon Inc. and Biofarma SA

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders the applicant to pay the costs. |

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