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