Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Fourth Chamber) of 10 September 2008 – Alcon v OHIM – \*Acri.Tec (BioVisc)**

**(Case T-106/07)**

Community trade mark – Opposition proceedings – Application for Community word mark BioVisc – Earlier international word marks PROVISC and DUOVISC − Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 26, 43)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 February 2007 (Case R 660/2006-2) concerning opposition proceedings between Alcon Inc. and \*Acri.Tec AG Gesellschaft für ophthalmologische Produkte. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | \*Acri.Tec AG Gesellschaft für ophtalmologische Produkte |
| Community trade mark sought: | Word Mark BioVisc for goods in Class 5 – Application No 3651809 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Alcon Inc. |
| Marks or signs relied on in support of the opposition: | International work 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: | Opposition dismissed in its entirety |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

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

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