Judgment of the General Court of 6 June 2013 – McNeil v OHIM – Alkalon (NICORONO)
(Case T-580/11) 1
(Community trade mark – Opposition proceedings – Application for the Community word mark NICORONO – Earlier Community word mark NICORETTE – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: McNeil AB (Helsingborg, Sweden) (represented by: I. Starr, Solicitor, and G. Tritton, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Alkalon ApS (Copenhagen, Denmark)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 3 August 2011 (Case R 1582/2010-2), relating to opposition proceedings between McNeil AB and Alkalon ApS.
Operative part of the judgment
The Court:
1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 3 August 2011 (Case R 1582/2010-2);
2. Orders OHIM to pay the costs.
____________1 OJ C 25, 28.1.2012.