Source: EURLEX
Language: en
Format: md

**Order of the Court of First Instance (Eighth Chamber) of 2 December 2008 – Longevity Health Products v OHIM – Hennig Arzneimittel
(Cellutrim)**

**(Case T-169/07)**

Community trade mark – Invalidity proceedings – Community word mark Cellutrim – Earlier national word mark Cellidrin – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 30-31)

**Re:**

|  |  |
| --- | --- |
|  | ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1123/2006-1) concerning invalidity proceedings between, initially, Celltech Pharma GmbH & Co. KG and, subsequently, Hennig Arzneimittel GmbH & Co. KG and Longevity Health Products, Inc. |

**Information relating to the case**

|  |  |
| --- | --- |
| Registered Community trade mark of which cancellation sought: | Word mark Cellutrim for goods and services in Classes 3, 5 and 35 – Community mark No 3979036 |
| Proprietor of the Community trade mark: | Longevity Health Products, Inc. |
| Party seeking cancellation of the Community trade mark: | Celltech Pharma GmbH & Co. KG |
| Trade mark of the party seeking cancellation: | Word mark Cellidrin for goods in Class 5 |
| Decision of the Cancellation Division: | Community trade mark cancelled with regard to goods in Class 5 |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

|  |  |  |
| --- | --- | --- |
| 1. |  | The action is dismissed. |

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

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