Judgment — ECLI:EU:T:2009:486
Date: 2009-12-09
Language of the case: German
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Trade marks;Intellectual, industrial and commercial property
Concepts: Word marks applied for
Procedure: Action for annulment - unfounded

Action brought on 11 November 2008 - Longevity Health Products v OHIM - Merck (Kids Vits) (Case T -484/08) Language in which the application was lodged: 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: Merck KGaA (Darmstadt, Germany) Form of order sought Declare the action brought by Longevity Health Products, Inc. admissible; annul the decision of the Fourth Board of Appeal of 28 August 2008 and dismiss the nullity proceedings of Merck KGaA against registration of Community trade mark 003 979 143; and order the Office for Harmonisation in the Internal Market to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: The applicant. Community trade mark concerned: Word mark 'Kids Vits' for goods and services in Classes 3, 5 and 35 (Community trade mark No 3 979 143). Proprietor of the mark or sign cited in the opposition proceedings: Merck KGaA. Mark or sign cited in opposition: Word mark 'VIDS4KIDS' for goods in Class 5 (mark No 3 128 196). Decision of the Opposition Division: Upholding of the opposition. Decision of the Board of Appeal: Dismissal of the appeal. Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 40/94, 1 since there is no likelihood of confusion between the opposing marks. ____________ 1 - Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).