Order of the Court (Seventh Chamber) of 9 July 2010 – The Wellcome Foundation v OHIM
(Case C-461/09 P)
Appeals – Community trade mark – Word mark FAMOXIN – Application for a declaration of invalidity made by the proprietor of the national word mark LANOXIN – Rejection of the application for a declaration of invalidity
Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 225(1), EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 21)
Re:
| Appeal brought against the judgment of the Court of First Instance (Seventh Chamber) of 23 September 2009 in Joined Cases T‑493/07, T‑26/08 and T‑27/08 | GlaxoSmithkline | - | Laboratórios Wellcome de Portugal | - | The Wellcome Foundation | v | OHIM | , in which the Court of First Instance dismissed an action for annulment brought by the proprietor of the national word mark ‘LANOXIN’ for goods in Class 5 against Decision R8/2007-1 of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 14 September 2007 dismissing the appeal brought against the decision of the Cancellation Division rejecting the application for a declaration of invalidity submitted by the applicant concerning the Community word mark ‘FAMOXIN’ for goods and services in Class 5. |
Operative part:
The Court:
1. |
| Dismisses the appeal; |
2. |
| Orders The Wellcome Foundation Ltd to pay the costs. |