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Mrz 27, 2012
Jean-Philippe Bresson, Inlex IP Expertise, France
Franck Soutoul, Inlex IP Expertise, France

AG opines on BOTOLIST, BOTOCYL and BOTOX


Jean-Philippe Bresson, Inlex IP Expertise, France, Franck Soutoul, Inlex IP Expertise, FranceAdvocate General Mengozzi has delivered his opinion in Helena Rubinstein SNC v OHIM following an appeal against the decision which the General Court had issued on December 16, 2010. The Advocate general confirmed the General Court’s finding that the marks BOTOLIST and BOTOCYL would take advantage of the distinctiveness and reputation of the earlier BOTOX marks.

This February 16, 2012, Advocate General Mengozzi has delivered his opinion in Helena Rubinstein SNC vs./ Office for Harmonisation in the Internal Market (Case C-100/11 P). He confirmed the General Court’s finding that the marks BOTOLIST and BOTOCYL would take advantage of the distinctiveness and reputation of the earlier BOTOX marks. So what the history behind all this?

In 2002 Helena Rubinstein SNC and L’Oréal respectively applied to register the Community word marks BOTOLIST and BOTOCYL in Class 3. The marks matured into registration but on  read more