do-me/EUR-LEX huggingface dataset:
Case T-161/10: Action brought on 8 April 2010 — Longevity Health Products v OHIM — Tecnifar (E-PLEX)
Date: 2010-04-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), medicinal product, pharmaceutical product, trade-mark law, veterinary drug








C_2010148EN.01004702.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/47





Action brought on 8 April 2010 — Longevity Health Products v OHIM — Tecnifar (E-PLEX)
(Case T-161/10)
2010/C 148/77
Language in which the application was lodged: English

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: Tecnifar — Industria Tecnica Farmaceutica, SA (Lisbon, Portugal)

Form of order sought







—


Admit the complaint filed by the applicant;










—


Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 5 February 2010 in case R 662/2009-4 and dismiss the opposition filed by the other party to the proceedings before the Board of Appeal with respect to pharmaceutical and veterinary medical products with the exception of medicinal products for diseases related to the central nervous system; and










—


Order the defendant to pay the costs.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “E-PLEX”, 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: Portuguese trade mark registration of the word mark “EPILEX”, for goods in class 5

Decision of the Opposition Division: Partially allowed the opposition

Decision of the Board of Appeal: Partially dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was a likelihood of confusion between the trade marks concerned.
Case T-157/10: Action brought on 8 April 2010 — Barilla v OHIM — Brauerei Schlösser (ALIXIR)
Date: 2010-04-08
Institutions: General Court
Subjects: EU trade mark, European Union Intellectual Property Office, action for annulment (EU), alcoholic beverage, non-alcoholic beverage, trade-mark law








C_2010148EN.01004701.xml










5.6.2010   


EN


Official Journal of the European Union


C 148/47





Action brought on 8 April 2010 — Barilla v OHIM — Brauerei Schlösser (ALIXIR)
(Case T-157/10)
2010/C 148/76
Language in which the application was lodged: English

Parties


Applicant: Barilla G. e R. Fratelli SpA (Parma, Italy) (represented by: A. Colmano, G. Sironi and A. Vanzetti, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Brauerei Schlösser GmbH (Düsseldorf, Germany)

Form of order sought







—


Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 January 2010 in case R 820/2009-2;










—


Dismiss the opposition filed by the other party to the proceedings before the Board of Appeal against the registration of the Community trade mark concerned;










—


Alternatively, remit the case to the defendant so that it may dismiss the opposition; and










—


Order the defendant and the other party to the proceedings before the Board of Appeal to pay the costs incurred in these proceedings.





Pleas in law and main arguments


Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “ALIXIR”, for goods, among others, in class 32

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: German trade mark registration of the word mark “Elixeer”, for goods in class 32

Decision of the Opposition Division: Upheld the opposition in its entirety

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009 as the Board of Appeal wrongly found that there was a likelihood of confusion between the trade marks concerned.