Source: EURLEX
Language: en
Format: md

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| 18.7.2009 | EN | Official Journal of the European Union | C 167/11 |

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Order of the Court of First Instance of 21 April 2009 — Winzer Pharma v OHIM — Alcon (OFTAL CUSI)

(Case T-462/08)[(1)](#ntr1-C_2009167EN.01001103-E0001)

(Community trade mark - Annulment of the decision of the Board of Appeal - No need to adjudicate)

2009/C 167/24

Language of the case: Spanish

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 intervening before the Court of First Instance: Alcon Inc. (Hünenberg, Switzerland) (represented by: J. Isern Jara and M. Vidal-Quadras Trias de Bes, lawyers)

Re:

Action brought against the decision of the Board of Appeal of OHIM of 17 July 2008 (case R 1471/2007-1), relating to opposition proceedings between Dr. Robert Winzer Pharma GmbH and Alcon Inc.

Operative part of the order

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| 1. | There is no longer any need to adjudicate in the action. |

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| 2. | The defendant is ordered to bear its own costs and the costs incurred by the applicant. |

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| 3. | The intervener is ordered to bear its own costs. |

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