CELEX: 62011CB0378
Language: en
Date: 2011-09-21 00:00:00
Title: Case C-378/11 P: Order of the Court (Eighth Chamber) of 21 September 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA (Appeal — Community trade mark — Proceedings before the Board of Appeal of OHIM — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed)

28.1.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 25/24
            
         
      Order of the Court (Eighth Chamber) of 21 September 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA
      (Case C-378/11 P) (1)
      
      (Appeal - Community trade mark - Proceedings before the Board of Appeal of OHIM - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed)
      (2012/C 25/43)
      Language of the case: English
      
         Parties
      
      
         Appellant: Longevity Health Products, Inc. (represented by: J. Korab, Rechtsanwalt)
      
         Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA
      
         Re:
      
      Appeal against the order of the General Court (Second Chamber) of 15 April 2011 in Case T-95/11 Longevity Health Products v OHIM — Biofarma (VITACHRON MALE) by which that court dismissed an action brought by the applicant for the word mark ‘VITACHRON MALE’ for goods and services in, inter alia, Class 5 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 January 2011 in Case R 1356/2010-4, declaring that the appeal against the Opposition Division’s decision — which refused registration of that mark in the opposition proceedings brought by the proprietor of the national marks ‘VITATHION’ for goods and services in Class 5 — was deemed not to have been filed since the appeal fee had not been paid within the time-limit.
      
         Operative part of the order
      
      
                  1.
               
               
                  The appeal is dismissed.
               
            
                  2.
               
               
                  Longevity Health Products, Inc. shall bear its own costs.
               
            
         (1)  OJ C 269, 10.9.2011.