Source: EURLEX
Language: en
Format: md

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| 7.2.2009 | EN | Official Journal of the European Union | C 32/38 |

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Action brought on 11 November 2008 — Longevity Health Products v OHIM — Merck (Kids Vits)

(Case T-484/08)

(2009/C 32/75)

Language in which the application was lodged: 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)

Other party to the proceedings before the Board of Appeal of OHIM: Merck KGaA (Darmstadt, Germany)

Form of order sought

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| — | Declare the action brought by Longevity Health Products, Inc. admissible; |

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| — | annul the decision of the Fourth Board of Appeal of 28 August 2008 and dismiss the nullity proceedings of Merck KGaA against registration of Community trade mark 003 979 143; and |

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| — | order the Office for Harmonisation in the Internal Market to pay the costs. |

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant.

Community trade mark concerned: Word mark ‘Kids Vits’ for goods and services in Classes 3, 5 and 35 (Community trade mark No 3 979 143).

Proprietor of the mark or sign cited in the opposition proceedings: Merck KGaA.

Mark or sign cited in opposition: Word mark ‘VIDS4KIDS’ for goods in Class 5 (mark No 3 128 196).

Decision of the Opposition Division: Upholding of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 40/94[(1)](#ntr1-C_2009032EN.01003802-E0001), since there is no likelihood of confusion between the opposing marks.

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