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Case T-346/09: Judgment of the General Court of 12 July 2012 — Winzer Pharma v OHIM — Alcon (BAÑOFTAL) (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)
ECLI:EU:UNKNOWN:62009TA0346
62009TA0346
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25.8.2012
Official Journal of the European Union
C 258/16
(Case T-346/09) (<span class="super">1</span>)
(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:
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);
2.Orders OHIM to bear its own costs and to pay those incurred by Dr. Robert Winzer Pharma GmbH.
3.Orders Alcon Inc. to bear its own costs.
(<span class="super">1</span>) OJ C 256, 24.10.2009.