Judgment — ECLI:EU:T:2014:229
Date: 2014-04-28
Language of the case: German
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

Action brought on 30 August 2011 - Longevity Health Products v OHIM - Weleda Trademark (MENOCHRON) (Case T-473/11) Language of the case: German Parties Applicant: Longevity Health Products, Inc. (Nassau, 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 of OHIM: Weleda Trademark AG (Arlesheim, Switzerland) Form of order sought declare the action by the company Longevity Health Products Inc. admissible; annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 July 2011 in Case R 2345/2010-4 and reject the opposition by Weleda Trademark AG to the trade mark registration CTM 005050752; and order the Office for Harmonisation in the Internal Market to bear the costs. Pleas in law and main arguments Applicant for a Community trade mark: Longevity Health Products, Inc. Community trade mark concerned: Word mark 'MENOCHRON' for goods and services in Classes 3, 5 and 35. Proprietor of the mark or sign cited in the opposition proceedings: Weleda Trademark AG Mark or sign cited in opposition: Word mark 'MENODORON' for goods and services in Classes 3, 5 and 44. Decision of the Opposition Division: The opposition was upheld. Decision of the Board of Appeal: The appeal was dismissed. Pleas in law: Infringement of Article 8 of Regulation No 207/2009, 1 because there is no likelihood that the marks at issue would be confused. ____________ 1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).