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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