CELEX: 62011CB0222
Language: en
Date: 2011-12-01 00:00:00
Title: Case C-222/11 P: Order of the Court (Sixth Chamber) of 1 December 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Performing Science LLC (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(d) — Word sign ‘5 HTP’ — Application for a declaration of invalidity — Appeal manifestly unfounded)

10.3.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 73/12
            
         Order of the Court (Sixth Chamber) of 1 December 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Performing Science LLC
   (Case C-222/11 P) (1)
   
   (Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(d) - Word sign ‘5 HTP’ - Application for a declaration of invalidity - Appeal manifestly unfounded)
   2012/C 73/21
   Language of the case: German
   
      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) (represented by: G. Schneider, Agent), Performing Science LLC
   
      Re:
   
   Appeal against the judgment of the General Court (Sixth Chamber) of 9 March 2011 in Case T-190/09 Longevity Health Products v OHIM — Performing Science (5 HTP) relating to an action brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) concerning invalidity proceedings between Performing Science LLC and Longevity Health Products, Inc. — Distinctive character of the word sign 5 HTP
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Longevity Health Products Inc. is ordered to pay the costs.
            
         
      (1)  OJ C 252, 27.8.2011.