Judgment — ECLI:EU:T:2010:538
Date: 2010-12-16
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 17 September 2009 - Longevity Health Products v OHIM - Gruppo Lepetit (RESVEROL) (Case T-363/09) Language in which the application was lodged: English Parties Applicants: Longevity Health Products, Inc. (Nassau, The Bahamas) (represented by: J. Korab, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Gruppo Lepetit SpA (Lainate, Italy) Form of order sought Admit the complaint filed by the applicant; Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 July 2009 in case R 1204/2008-2 and dismiss the request for a declaration of invalidity filed by the other party to the proceedings before the Board of Appeal with regard to Community trade mark 5 244 512; and Order the defendant to bear the costs. Pleas in law and main arguments Applicant for the Community trade mark: The applicant Community trade mark concerned: The word mark "RESVEROL", for goods and services in classes 3, 5 and 35 Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal Mark or sign cited: National trade mark registrations of the mark "LESTEROL" for goods in class 5 Decision of the Opposition Division: Upheld the opposition Decision of the Board of Appeal: Dismissed the appeal Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned. ____________