Source: EURLEX
Language: en
Format: md

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| 20.12.2008 | EN | Official Journal of the European Union | C 327/38 |

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Action brought on 13 October 2008 — Winzer Pharma v OHIM — Alcon (OFTAL CUSI)

(Case T-462/08)

(2008/C 327/67)

Language in which the application was lodged: German

Parties

Applicant: Dr. Robert Winzer Pharma GmbH (Berlin, Germany) (represented by: S. Schneller, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal of OHIM: Alcon, Inc. (Hünenberg, Switzerland)

Form of order sought

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| — | Annul the decision of the Board of Appeal of OHIM of 17 July 2008 (R 1471/2007-1) and the decision of the Opposition Division of OHIM of 16 July 2007 (B 809 899); |

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| — | Reject the Community trade mark application No 003679181 ‘Oftal Cusi’; |

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| — | Order OHIM to pay all the costs of the proceedings. |

Pleas in law and main arguments

Applicant for a Community trade mark: Alcon Cusì, S.A (subsequently, Alcon, Inc.)

Community trade mark applied for: the word mark ‘OFTAL CUSI’ for goods in Class 5.

Proprietor of the mark or sign cited in the opposition proceedings: Winzer Pharma

Mark or sign cited in opposition:‘Ophtal’ (No 489 948) for goods in Class 5.

Decision of the Opposition Division: Rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/1994[(1)](#ntr1-C_2008327EN.01003801-E0001) in that on account of their similarity there is a likelihood of confusion between the marks at issue.

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