Source: EURLEX
Language: en
Format: md

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| 18.12.2010 | EN | Official Journal of the European Union | C 346/40 |

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Judgment of the General Court of 28 October 2010 — Farmeco v OHIM — Allergan (BOTUMAX)

(Case T-131/09)[(1)](#ntr1-C_2010346EN.01004003-E0001)

(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:

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| 1. | Dismisses the action; |

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| 2. | Orders Farmeco AE Dermokallyntika to pay the costs. |

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