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Case C-461/09 P: Order of the Court (Seventh Chamber) of 9 July 2010 — The Wellcome Foundation Ltd v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Serono Genetics Institute SA (Appeals — Community trade mark — Word mark FAMOXIN — Application for a declaration of invalidity made by the proprietor of the national word mark LAMOXIN — Rejection of the application for a declaration of invalidity)
ECLI:EU:UNKNOWN:62009CB0461
62009CB0461
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23.10.2010
Official Journal of the European Union
C 288/26
(Case C-461/09 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeals - Community trade mark - Word mark FAMOXIN - Application for a declaration of invalidity made by the proprietor of the national word mark LAMOXIN - Rejection of the application for a declaration of invalidity)
(2010/C 288/45)
Language of the case: English
Parties
Applicant: The Wellcome Foundation Ltd (represented by: R. Gilbey, avocat)
Other parties to the main proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent), Serono Genetics Institute SA
Re:
Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 in Joined Cases T-493/07, T-26/08 and T-27/08 GlaxoSmithkline — Laboratórios Wellcome de Portugal — The Wellcome Foundation v OHIM, in which the Court of First Instance dismissed an action for annulment brought by the proprietor of the national word mark ‘LANOXIN’ for goods in Class 5 against Decision R 8/2007-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 14 September 2007 dismissing the appeal brought against the decision of the Cancellation Division rejecting the application for a declaration of invalidity submitted by the applicant concerning the Community word mark ‘FAMOXIN’ for goods and services in Class 5
Operative part of the order
The Court:
1.Dismisses the appeal;
2.Orders The Wellcome Foundation Ltd to pay the costs.
(<span class="oj-super">1</span>) OJ C 37, 13.02.2010.