CELEX: 62009TJ0131
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)

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:
Farmeco AE Dermokallyntika
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.