CELEX: 62008TA0484
Language: en
Date: 2009-12-09 00:00:00
Title: Case T-484/08: Judgment of the General Court of 9 December 2009 — Longevity Health Products v OHIM (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))

30.1.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 24/50
            
         Judgment of the General Court of 9 December 2009 — Longevity Health Products v OHIM
   (Case T-484/08) (1)
   
   (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:
   
               1.
            
            
               dismisses the action;
            
         
               2.
            
            
               orders Longevity Health Products, Inc. to pay the costs.
            
         
      (1)  OJ C 32, 7.2.2009.