Order — ECLI:EU:C:2011:600
Date: 2011-09-21
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment;Appeal - inadmissible

Order of the Court (Eighth Chamber) of 21 September 2011 - Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA (Case C-378/11 P) 2 (Appeal - Community trade mark - Proceedings before the Board of Appeal of OHIM - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed) Language of the case: English Parties Appellant: Longevity Health Products, Inc. (represented by: J. Korab, Rechtsanwalt) Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA Re: Appeal against the order of the General Court (Second Chamber) of 15 April 2011 in Case T-95/11 Longevity Health Products v OHIM - Biofarma (VITACHRON MALE) by which that court dismissed an action brought by the applicant for the word mark 'VITACHRON MALE' for goods and services in, inter alia, Class 5 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 January 2011 in Case R 1356/2010-4, declaring that the appeal against the Opposition Division's decision - which refused registration of that mark in the opposition proceedings brought by the proprietor of the national marks 'VITATHION' for goods and services in Class 5 - was deemed not to have been filed since the appeal fee had not been paid within the time-limit. Operative part of the order The appeal is dismissed. Longevity Health Products, Inc. shall bear its own costs. ____________ 1 - 2 - OJ C 269, 10.9.2011.