Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 9.7.2011 | EN | Official Journal of the European Union | C 204/22 |

---

Judgment of the General Court of 24 May 2011 — Longevity Health Products v OHIM — Tecnifar (E-PLEX)

(Case T-161/10)[(1)](#ntr1-C_2011204EN.01002203-E0001)

(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 the signs - Article 8(1)(b) of Regulation (EC) No 207/2009)

2011/C 204/40

Language of the case: 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) (represented by: R. Pethke, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Tecnifar — Industria Tecnica Farmaceutica, SA (Lisbon, Portugal)

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.

Operative part of the judgment

The Court:

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

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

---

[Top](#document1)