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Case T-160/09: Action brought on 20 April 2009 — Winzer Pharma v OHIM
ECLI:EU:UNKNOWN:62009TN0160
62009TN0160
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Valentina R., lawyer
18.7.2009
EN
Official Journal of the European Union
C 167/13
(Case T-160/09)
2009/C 167/27
Language in which the application was lodged: German
Parties
Applicant: Dr. Winzer Pharma GmbH (Berlin, Germany) (represented by: S. Schneller, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party/parties to the proceedings before the Board of Appeal of OHIM: Alcon Inc.
Forms of orders sought
—Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 4 February 2009 in case R 147/2007-1 and uphold the opposition No B 809899;
—Grant an oral procedure;
—Order OHIM or, in the alternative, the intervener, to bear all the costs of the proceedings; and
—In the alternative, remit the case to OHIM.
Pleas in law and main arguments
Applicant for a Community trade mark: Alcon Cusì SA, who later transferred its rights to Alcon Inc.
Community trade mark concerned: Word mark ‘OFTAL CUSI’ of goods in class 5 (Registration No 3 679 181)
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Word mark ‘Opthal’ for goods in class 5 (Registration No 489 948)
Decision of the Opposition Division: Rejected the opposition
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009), as there is a likelihood of confusion or at least a likelihood of association between the marks at issue.