OHIM-Decision concerning BOTOX vs. BOTUMAX
T-131/09 Farmeco v OHMI – Allergan (BOTUMAX)
Action brought by the applicant for registration of the word mark ‘BOTUMAX’ for goods in Classes 3, 5 and 16 for annulment of Decision R 60/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 2 February 2009 annulling in part the decision of the Opposition Division rejecting the opposition brought by the proprietor of the Community and national word and figurative marks ‘BOTOX’ for goods in Classes 5 and 16 and services in Class 42.