Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Fifth Chamber) of 24 May 2011 – Longevity Health Products v OHIM – Tecnifar (E-PLEX)**

**(Case T-161/10)**

Community trade mark – Opposition proceedings – Application for Community word mark E-PLEX – Earlier national word mark EPILEX – Relative ground for refusal – Likelihood of confusion – Similarity of signs – Article 8(1)(b) of Regulation (EC) No 207/2009

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
– Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 39, 43)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2010 (Case R 662/2009‑4), relating to opposition proceedings between Tecnifar – Industria Tecnica Farmaceutica, SA and Longevity Health Products, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Applicant for the Community trade mark: | Longevity Health Products, Inc. |
| Community trade mark sought: | Word mark E‑PLEX for goods and services in Classes 3, 5 and 35 – Application No 5126909 |
| Proprietor of the mark or sign cited in the opposition proceedings: | Tecnifar – Industria Tecnica Farmaceutica, SA |
| Mark or sign cited in opposition: | Portuguese trade mark registration of the word mark EPILEX for goods in Class 5 |
| Decision of the Opposition Division: | Opposition partially upheld |
| Decision of the Board of Appeal: | Appeal partially dismissed |

**Operative part**

The Court:

|  |  |  |
| --- | --- | --- |
| 1. |  | Dismisses the action; |

|  |  |  |
| --- | --- | --- |
| 2. |  | Orders Longevity Health Products, Inc. to pay the costs. |

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