Order of the Court of First Instance of 21 April 2009 - Winzer Pharma v OHIM - Alcon (OFTAL CUSI)
(Community trade mark - Annulment of the decision of the Board of Appeal -No need to adjudicate)
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)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Alcon Inc. (Hünenberg, Switzerland) (represented by: J. Isern Jara and M. Vidal-Quadras Trias de Bes, lawyers)
Re:
Action brought against the decision of the Board of Appeal of OHIM of 17 July 2008 (case R 1471/2007-1), relating to opposition proceedings between Dr. Robert Winzer Pharma GmbH and Alcon Inc.
Operative part of the order
1. There is no longer any need to adjudicate in the action.
2. The defendant is ordered to bear its own costs and the costs incurred by the applicant.
3. The intervener is ordered to bear its own costs.
____________1 - OJ C 372 of 20.12.2008.