CELEX: 62008TJ0345
Community trade mark
Invalidity proceedings
Community word marks BOTOLIST and BOTOCYL
Earlier national figurative and word marks BOTOX
Relative ground for refusal
Damage to reputation
Article 8(5) of Regulation (EC) No 40/94 (now Article 8(5) of Regulation (EC) No 207/2009)
Obligation to state the reasons on which the decision is based
Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009)

ACTIONS brought against, in Case T-345/08, the decision of the First Board of Appeal of OHIM of 28 May 2008 (Case R 863/2007-1),
relating to cancellation proceedings between Allergan, Inc. and Helena Rubinstein SNC, and, in Case T‑357/08, the decision
of the First Board of Appeal of OHIM of 5 June 2008 (Case R 865/2007-1), relating to cancellation proceedings between Allergan,
Inc. and L’Oréal SA.
Information relating to the case
Registered Community trade marks subject of the application for a declaration of invalidity:
Community word mark No 2686392 BOTOLIST for goods in Class 3 and Community word mark No 2782282 BOTOCYL for goods in Class
3 – Community trade mark registration Nos 2686392 and 2782282
Proprietors of the Community trade marks:
Helena Rubinstein SNC and L’Oréal SA
Party requesting the declaration of invalidity of the Community trade mark:
Allergan, Inc.
Trade mark right of the party requesting the declaration of invalidity:
Community trade mark registration No 2015832 of the figurative mark BOTOX for goods in Class 5; Community trade mark registration
No 2575371 of the figurative mark BOTOX for goods in Class 5; Community trade mark registration No 1923986 of the figurative
mark BOTOX for goods in Classes 5 and 16; Community trade mark registration No 1999481 of the word mark BOTOX for goods in
Class 5; various national trade marks BOTOX
Decision of the Cancellation Division:
Applications for a declaration of invalidity dismissed
Decision of the Board of Appeal:
Decisions of the Cancellation Division annulled
Operative part
The Court:
1.
Dismisses the actions;
2.
Orders Helena Rubinstein SNC to pay the costs in Case T‑345/08;
3.
Orders L’Oréal SA to pay the costs in Case T‑357/08.