CELEX: 62010TJ0161
Language: en
Date: 2011-05-24
Title: Judgment of the General Court (Fifth Chamber) of 24 May 2011. # Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-161/10.

Judgment of the General Court (Fifth Chamber) of 24 May 2011 – Longevity Health Products v OHIM – Tecnifar (E-PLEX)
      (Case T-161/10)
      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 signs – Article 8(1)(b) of Regulation (EC) No 207/2009
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 39, 43)
      
      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.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Longevity Health Products, Inc.
            
         
               Community trade mark sought: 
            
            
               Word mark E‑PLEX for goods and services in Classes 3, 5 and 35 – Application No 5126909
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Tecnifar – Industria Tecnica Farmaceutica, SA
            
         
               Mark or sign cited in opposition: 
            
            
               Portuguese trade mark registration of the word mark EPILEX for goods in Class 5
            
         
               Decision of the Opposition Division: 
            
            
               Opposition partially upheld 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal partially dismissed 
            
         
      Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Longevity Health Products, Inc. to pay the costs.