Source: EURLEX
Language: en
Format: md

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| 30.1.2010 | EN | Official Journal of the European Union | C 24/50 |

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Judgment of the General Court of 9 December 2009 — Longevity Health Products v OHIM

(Case T-484/08)[(1)](#ntr1-C_2010024EN.01005001-E0001)

(Community trade mark - Opposition proceedings - Application for Community word mark Kids Vits - Earlier Community word mark VITS4KIDS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))

2010/C 24/87

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 General Court: Merck KGaA (Darmstadt, Germany)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 716/2007-4) relating to opposition proceedings between Merck KGaA and Longevity Health Products, Inc.

Operative part of the judgment

The Court:

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| 1. | dismisses the action; |

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

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