Judgment — ECLI:EU:T:2010:458
Date: 2010-10-28
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Greece

Judgment of the General Court of 28 October 2010 - Farmeco v OHIM - Allergan (BOTUMAX) (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)) 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: Dismisses the action; Orders Farmeco AE Dermokallyntika to pay the costs. ____________ 1 - OJ C 129, 6.6.2009.