Alcon Inc v OHIM [2004] EUECJ C-192/03 (5 October 2004)

Alcon Inc v OHIM [2004] EUECJ C-192/03 (5 October 2004)

The appeal is dismissed because the Court of First Instance correctly found that 'BSS' had become customary in the relevant trade sector at the time of filing and had not acquired distinctive character through use. The appellant's arguments concern factual assessments not reviewable on appeal, and no error of law or distortion of evidence was shown.

Citation
[2004] EUECJ C-192/03
Parties
Appellant: Alcon Inc.; Defendant at First Instance: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM); Intervener at First Instance: Dr Robert Winzer Pharma GmbH
Jurisdiction
European Union
Judgment Date
05 October 2004
Procedural Posture
Appeal / Final Appellate Decision
Outcome
Appeal dismissed
Legal Topics
Community Trade Mark, Distinctive Character, Absolute Grounds for Refusal, Invalidity of Trade Mark, Customary Signs
Intellectual Property European Union Law Community Trade Mark Distinctive Character Absolute Grounds for Refusal Invalidity of Trade Mark Customary Signs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Alcon Inc.

Appellant

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

Defendant at First Instance

Dr Robert Winzer Pharma GmbH

Intervener at First Instance

Procedural Posture

Appeal / Final Appellate Decision

Legal Issues

  1. 1 Whether the term 'BSS' had become customary in the relevant trade sector under Article 7(1)(d) of Regulation No 40/94
  2. 2 Whether 'BSS' had acquired distinctive character through use under Articles 7(3) and 51(2) of Regulation No 40/94
  3. 3 Whether the Court of First Instance erred in law regarding the relevant date and evidence assessment

Ratio Decidendi

The appeal is dismissed because the Court of First Instance correctly found that 'BSS' had become customary in the relevant trade sector at the time of filing and had not acquired distinctive character through use. The appellant's arguments concern factual assessments not reviewable on appeal, and no error of law or distortion of evidence was shown.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.
  • Alcon Inc. shall pay the costs.