Notice for the OJ

 

Action brought on 17 April 2003 by Alcon Inc. against the Office for Harmonisation in the Internal Market

    (Case T-130/03)

Language of the case

to be determined pursuant to Article 131(2) of the Rules of Procedure

- language in which the application was submitted: English

An action against the Office for Harmonisation in the Internal Market was brought before the Court of First Instance of the European Communities on 17 April 2003 by Alcon Inc., Hünenberg, Switzerland, represented by Mr G. Breen, Solicitor, with an address for service in Luxembourg.

A further party to the proceedings before the Board of Appeal was Biofarma (plc).

The applicant claims that the Court should:

listnum "WP List 1" \l 1annul the contested decision

listnum "WP List 2" \l 1order OHIM to pay the costs

Pleas in law and main arguments:

Applicant for Community trade mark:The Applicant

Community trade mark sought:Word mark "TRAVATAN" - Application No 847590, for products in class 5 (ophthalmic pharamaceutical poducts)

Proprietor of mark or sign cited in the

opposition proceedings:            BIOFARMA PLC

Mark or sign cited in opposition:        Italian word mark "TRIVASTAN" for class 5

                        products.

Decision of the Opposition Division:Refusal of the application.

Decision of the Board of Appeal:Refusal of the appeal.

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