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Case T-131/09: Judgment of the General Court of 28 October 2010 — Farmeco v OHIM — Allergan (BOTUMAX) (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))
ECLI:EU:UNKNOWN:62009TA0131
62009TA0131
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18.12.2010
Official Journal of the European Union
C 346/40
(Case T-131/09)(1)
(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))
2010/C 346/80
Language of the case: English
Parties
Applicant: Farmeco AE Dermokallyntika (Athens, Greece) (represented by: N. Lymperis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Allergan Inc. (Irvine, California, United States)
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.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Farmeco AE Dermokallyntika to pay the costs.
OJ C 129, 6.6.2009.