Source: EURLEX
Language: en
Format: md

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| 9.6.2007 | EN | Official Journal of the European Union | C 129/19 |

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Action brought on 11 April 2007 — Alcon v OHIM — \*Acri.Tec (BioVisc)

(Case T-106/07)

(2007/C 129/34)

Language in which the application was lodged: English

Parties

Applicant: Alcon, Inc. (Hünenberg, Switzerland) (represented by: M. Graf, lawyer)

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

Other party to the proceedings before the Board of Appeal: \*Acri.Tec AG Gesellschaft für ophthalmologische Produkte (Hennigsdorf, Germany)

Form of order sought

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| — | The decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 February 2007 in Case R 660/2006-2 Alcon, Inc. v. OHIM (BioVisc) be annulled insofar as it dismissed the opposition of Alcon, Inc. against CTM application 3 651 809 ‘BioVisc’; |

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| — | the Office for Harmonisation be ordered to bear its own costs and to pay those of the applicant. |

Pleas in law and main arguments

Applicant for the Community trade mark: \*Acri.Tec AG Gesellschaft für ophthalmologische Produkte

Community trade mark concerned: The word mark ‘BioVisc ’for goods in class 5 — application No 3 651 809

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The Community and international word marks ‘PROVISC ’and ‘DUOVISC ’for goods in class 5

Decision of the Opposition Division: Opposition upheld in its entirety

Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the opposition in its entirety

Pleas in law: The trade marks in question are confusingly similar and the goods applied for are identical to those covered by the opposition trade marks.

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