CELEX: 62009TJ0131
Language: en
Date: 2010-10-28
Title: Judgment of the General Court (Eighth Chamber) of 28 October 2010. # Farmeco AE Dermokallyntika v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-131/09.

Judgment of the General Court (Eighth Chamber) of 28 October 2010 – Farmeco v OHIM – Allergan (BOTUMAX)
      (Case T-131/09)
      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)
      1.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition
            by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood
            of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 46, 65-67)
      2.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition
            by the proprietor of an earlier identical or similar mark enjoying a reputation – Protection of well-known earlier mark extended
            to dissimilar goods or services (Council Regulation No 40/94, Art. 8(5)) (see paras 82-86, 92-101)
      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.
               
            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.