Source: All England Reporter
Publisher Citation: [2011] All ER (D) 64 (Jan)
Court: General Court of the European Union (Third Chamber)
Judge:

Judges Azizi (President), Cremona and Frimodt Nielsen (Rapporteur)
Judgment Dates: 16 December 2010

Catchwords

European Union - Trade marks - Community trade mark - Opposition - Applicants registering Community trade marks BOTOLIST and BOTOCYL - Earlier international word mark BOTOX existing and proprietor opposing application for mark - Opposition upheld - Whether BOTOX having reputation contended for - Whether similarity between marks - Whether use of disputed marks affecting BOTOX - Council Regulation (EC) No 40/94

The Case

European Union Trade marks. The Court of Justice of the European Union (Third Chamber), in joined cases, dismissed the applicants' action for the annulment of two decisions of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) upholding an application for a declaration of invalidity on the basis of art 8(5) of Council Regulation (EC) No 40-94 in respect of the Community trade marks BOTOLIST and BOTOCYL.

Practice Areas

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