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Judgment of the General Court (Seventh Chamber) of 14 July 2011. # Dr. Robert Winzer Pharma GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community word mark OFTAL CUSI - Earlier Community word mark Ophtal - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-160/09.
ECLI:EU:T:2011:379
62009TJ0160
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(Case T-160/09)
Community trade mark – Opposition proceedings – Application for Community word mark OFTAL CUSI – Earlier Community word mark Ophtal – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 4 February 2009 (Case R 1471/2007-1) concerning opposition proceedings between Dr Robert Winzer Pharma GmbH and Alcon Inc.
Operative part
The Court:
1.Dimisses the action;
2.Orders Dr Robert Winzer Pharma GmbH to bear its own costs and those of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) and of Alcon Inc.