Notice for the OJ
Judgment of the Court of First Instance of 22 September 2005 - Alcon v OHIM
(Community trade mark - Opposition proceedings - Earlier national word mark TRIVASTAN - Application for Community word mark TRAVATAN - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94)
Language of the case: English
Parties
Applicant(s): Alcon Inc. (Hünenberg, Switzerland) (represented by: G. Breen, Solicitor, and J. Gleeson, Barrister)
Defendant(s): Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Palmero Cabezas and S. Laitinen, Agents)
Other party or parties to the proceedings before the Board of Appeal of OHIM, intervening before the Court of First Instance: Biofarma SA, (Neuilly-sur-Seine, France) (represented by: V. Gil Vega, A. Ruiz Lopez, and D. González Maroto, lawyer)
Application for
annulment of the decision of the Third Board of Appeal of OHIM of 30 January 2003 (Case R 968/2001-3) concerning opposition proceedings between Alcon Inc. and Biofarma SA
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders the applicant to pay the costs.
____________1 - OJ C 158, 5.7.2003.