CELEX: 62008TJ0484
Community trade mark
Opposition proceedings
Application for Community word mark Kids Vits
Earlier Community word mark VITS4KIDS
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 716/2007-4) relating to
opposition proceedings between Merck KGaA and Longevity Health Products, Inc.
Information relating to the case
Applicant for the Community trade mark:
Longevity Health Products, Inc.
Community trade mark sought:
Word mark Kids Vits for goods and services in Classes 3, 5 and 35 – Application No 3979143
Proprietor of the mark or sign cited in the opposition proceedings:
Merck KGaA
Mark or sign cited in opposition:
Word mark VITS4KIDS for goods in Class 5 – Community trade mark No 3128196
Decision of the Opposition Division:
Opposition upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Longevity Health Products, Inc. to pay the costs.