CELEX: C2003/158/42
Language: en
Date: 2003-07-05 00:00:00
Title: Case T-130/03: Action brought on 17 April 2003 by Alcon Inc. against the Office for Harmonisation in the Internal Market

5.7.2003               EN                       Official Journal of the European Union                                            C 158/23
Action brought on 17 April 2003 by Alcon Inc. against                   Action brought on 17 April 2003 by Gerolsteiner Brun-
    the Office for Harmonisation in the Internal Market                 nen GmbH & Co. against the Office for Harmonisation in
                                                                                               the Internal Market
                         (Case T-130/03)
                                                                                                 (Case T-131/03)
                         (2003/C 158/42)
                                                                                                 (2003/C 158/43)
(Language of the case to be determined pursuant to Article 131(2)
of the Rules of Procedure — language in which the application was
                        submitted: English)                             (Language of the case to be determined pursuant to Article 131(2)
                                                                        of the Rules of Procedure — language in which the application was
                                                                                                 submitted: English)
An action against the Office for Harmonisation in the Internal
Market was brought before the Court of First Instance of the
European Communities on 17 April 2003 by Alcon Inc.,
Hünenberg, Switzerland, represented by Mr G. Breen, Solicitor,          An action against the Office for Harmonisation in the Internal
with an address for service in Luxembourg. A further party to           Market was brought before the Court of First Instance of the
the proceedings before the Board of Appeal was Biofarma                 European Communities on 17 April 2003 by Gerolsteiner
(plc).                                                                  Brunnen GmbH & Co., Gerolstein, Germanty, represented by
                                                                        Dr A. Ebert-Weidenfeller, lawyer. A further party to the
                                                                        proceedings before the Board of Appeal was Kerry Group p.l.c.
The applicant claims that the Court should:
—      annul the contested decision                                     The applicant claims that the Court should:
—      order OHIM to pay the costs
                                                                        —     annul the decision of the First Board of Appeal of the
                                                                              Office for Harmonization in the International Market
                                                                              (Trade Marks and Designs) of February 13, 2003 (case
                                                                              R275/2002-1) and to order costs against the OHIM
Pleas in law and main arguments
Applicant for Com-            The Applicant
munity trade mark:
                                                                        Pleas in law and main arguments
Community trade mark          Word mark ‘TRAVATAN’ —
sought:                       Application No 847590, for
                              products in class 5 (ophthalmic           Applicant for Com-             Kerry Group PLC.
                              pharamaceutical poducts)                  munity trade mark:
Proprietor of mark or         BIOFARMA PLC                              Community trade mark           Figurative mark ‘KERRY Spring’
sign cited in the oppo-                                                 sought:                        — Application No 0000443135,
sition proceedings:                                                                                    for products in class 32 (spring,
                                                                                                       mineral and aerated waters and
Mark or sign cited in         Italian word mark ‘TRIVASTAN’                                            other non-alcoholic drinks, fruit
                                                                                                       drinks and fruits juices, fruit fla-
opposition:                   for class 5 products.
                                                                                                       vored spring and mineral waters).
Decision of the Oppo-         Refusal of the application.
sition Division:                                                        Proprietor of mark or          The applicant.
                                                                        sign cited in the oppo-
                                                                        sition proceedings:
Decision of the Board of      Refusal of the appeal.
Appeal:
                                                                        Mark or sign cited in          German trademark registration
                                                                        opposition:                    No 1100746 for the word ‘GER-
                                                                                                       RI’., for products in class 5 and 32.