Source: EURLEX
Language: en
Format: md

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| 21.2.2009 | EN | Official Journal of the European Union | C 44/46 |

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Order of the Court of First Instance of 2 December 2008 — Longevity Health Products v OHIM — Hennig Arzneimittel (Cellutrim)

(Case T-169/07)[(1)](#ntr1-C_2009044EN.01004603-E0001)

(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)

(2009/C 44/81)

Language of the case: German

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: G. Schneider, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Hennig Arzneimittel GmbH & Co. KG (Flörsheim, Germany) (represented by: S. Ziegler, C. Kleiner and F. Dehn, lawyers)

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.

Operative part of the order

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| 1. | The action is dismissed. |

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

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