Source: EURLEX
Language: en
Format: md

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| 25.8.2012 | EN | Official Journal of the European Union | C 258/16 |

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Judgment of the General Court of 12 July 2012 — Winzer Pharma v OHIM — Alcon (BAÑOFTAL)

(Case T-346/09)[(1)](#ntr1-C_2012258EN.01001603-E0001)

(Community trade marks - Opposition proceedings - Application for Community trade mark BAÑOFTAL - Earlier national word marks KAN-OPHTAL and PAN-OPHTAL - Relative grounds for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009)

2012/C 258/27

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) (represented by: J. Crespo Carrillo, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Alcon Inc. Hünenberg, Switzerland) (represented by: M. Vidal-Quadras Trais de Bes, lawyer)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 May 2009 (Case R 795/2008-1) relating to opposition proceedings between Dr. Robert Winzer Pharma GmbH and Alcon Inc.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 May 2009 (Case R 795/2008-1); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by Dr. Robert Winzer Pharma GmbH. |

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| 3. | Orders Alcon Inc. to bear its own costs. |

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