CELEX: 62010TJ0161
Community trade mark
Opposition proceedings
Application for Community word mark E-PLEX
Earlier national word mark EPILEX
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Article 8(1)(b) of Regulation (EC) No 207/2009

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2010 (Case R 662/2009‑4), relating
to opposition proceedings between Tecnifar – Industria Tecnica Farmaceutica, SA 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 E‑PLEX for goods and services in Classes 3, 5 and 35 – Application No 5126909
Proprietor of the mark or sign cited in the opposition proceedings:
Tecnifar – Industria Tecnica Farmaceutica, SA
Mark or sign cited in opposition:
Portuguese trade mark registration of the word mark EPILEX for goods in Class 5
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal partially dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders Longevity Health Products, Inc. to pay the costs.