(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:

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.