Action brought on 11 April 2007 - Alcon v OHIM - *Acri.Tec (BioVisc)

(Case T-106/07)

Language in which the application was lodged: English

Parties

Applicant: Alcon, Inc. (Hünenberg, Switzerland) (represented by: M. Graf, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: *Acri.Tec AG Gesellschaft für ophthalmologische Produkte (Hennigsdorf, Germany)

Form of order sought

The decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 8 February 2007 in Case R 660/2006-2 Alcon, Inc. v. OHIM (BioVisc) be annulled insofar as it dismissed the opposition of Alcon, Inc. against CTM application 3 651 809 'BioVisc';

the Office for Harmonisation be ordered to bear its own costs and to pay those of the applicant.

Pleas in law and main arguments

Applicant for the Community trade mark: *Acri.Tec AG Gesellschaft für ophthalmologische Produkte

Community trade mark concerned: The word mark 'BioVisc' for goods in class 5 - application No 3 651 809

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The Community and international word marks 'PROVISC' and 'DUOVISC' for goods in class 5

Decision of the Opposition Division: Opposition upheld in its entirety

Decision of the Board of Appeal: Annulment of the Opposition Division's decision and rejection of the opposition in its entirety

Pleas in law: The trade marks in question are confusingly similar and the goods applied for are identical to those covered by the opposition trade marks.

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