CELEX: 62009TA0190
Language: en
Date: 2011-03-09 00:00:00
Title: Case T-190/09: Judgment of the General Court of 9 March 2011 — Longevity Health Products v OHIM — Performing Science (5 HTP) (Community trade mark — Invalidity proceedings — Community word mark 5 HTP — Absolute ground of refusal — Signs or indications which have become customary — Article 7(1)(d) of Regulation (EC) No 207/2009 — Distinctive character acquired by use — Article 52(2) of Regulation No 207/2009)

16.4.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 120/11
            
         Judgment of the General Court of 9 March 2011 — Longevity Health Products v OHIM — Performing Science (5 HTP)
   (Case T-190/09) (1)
   
   (Community trade mark - Invalidity proceedings - Community word mark 5 HTP - Absolute ground of refusal - Signs or indications which have become customary - Article 7(1)(d) of Regulation (EC) No 207/2009 - Distinctive character acquired by use - Article 52(2) of Regulation No 207/2009)
   2011/C 120/28
   Language of the case: German
   
      Parties
   
   
      Applicant: Longevity Health Products Inc. (Nassau, Bahamas) (represented by: J.E. Korab, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Performing Science LLC (Las Vegas, Nevada, United States) (represented by: D. Plasser, lawyer)
   
      Re:
   
   Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) relating to invalidity proceedings between Performing Science LLC and Longevity Health Products Inc.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               The action is dismissed;
            
         
               2.
            
            
               Longevity Health Products Inc. is ordered to pay the costs.
            
         
      (1)  OJ C 167, 18.7.2009.