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Judgment of the General Court (Eighth Chamber) of 28 October 2010. # Farmeco AE Dermokallyntika v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for the Community word mark BOTUMAX - Earlier Community word and figurative marks BOTOX - Relative grounds for refusal - Likelihood of confusion - Damage to reputation - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009). # Case T-131/09.
ECLI:EU:T:2010:458
62009TJ0131
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(Case T-131/09)
Community trade mark – Opposition proceedings – Application for the Community word mark BOTUMAX – Earlier Community word and figurative marks BOTOX – Relative grounds for refusal – Likelihood of confusion – Damage to reputation – Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 2 February 2009 (Case R 60/2008-4), relating to opposition proceedings between Allergan Inc. and Farmeco AE Dermokallyntika.
Information relating to the case
Applicant for the Community trade mark:
Community trade mark sought:
Word mark BOTUMAX for goods in Classes 3, 5 and 16 – Application No 3218237
Proprietor of the mark or sign cited in the opposition proceedings:
Allergan Inc.
Mark or sign cited in opposition:
Various Community and national trade mark registrations of the word mark or the sign BOTOX for goods and services in Classes 5, 16, and 42, respectively
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Contested decision annulled; application for Community trade mark sought dismissed in part
Operative part
The Court:
1.Dismisses the action;
2.Orders Farmeco AE Dermokallyntika to pay the costs.