Judgment of the General Court of 12 July 2012 - Winzer Pharma v OHIM -- Alcon (BAÑOFTAL)
(Case T-346/09)
(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)
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.
____________1 - OJ C 256, 24.10.2009.