10.9.2011

Official Journal of the European Union

C 269/47

(Case T-160/09) (<span class="super">1</span>)

(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)

2011/C 269/102

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 Trias de Bes, lawyer)

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 of the judgment

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.

(<span class="super">1</span>) OJ C 167 of 18.7.2009.