CELEX: 62009TJ0190
Community trade mark
Invalidity proceedings
Community word mark 5 HTP
Absolute ground of refusal
Signs or indications which have become customary
Article 7(1)(d) of Regulation (EC) No 207/2009
Distinctive character acquired by use
Article 52(2) of Regulation No 207/2009

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) relating to
invalidity proceedings between Performing Science LLC and Longevity Health Products Inc.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark 5 HTP for goods and services in Classes 5, 16 and 35 – Community trade mark No 2846483
Proprietor of the Community trade mark:
Longevity Health Products, Inc.
Party requesting the declaration of invalidity of the Community trade mark:
Performing Science LLC
Decision of the Cancellation Division:
Application for declaration of invalidity of the trade mark concerned partially granted
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.