CELEX: 62011CO0222
Language: en
Date: 2011-12-01 00:00:00
Title: 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) (OHIM). # 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. # Case C-222/11 P.

Order of the Court (Sixth Chamber) of 1 December 2011 – Longevity Health Products v OHIM
      (Case C‑222/11 P)
      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
      1.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied
            on not identified – Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure
            of the Court of Justice, Art. 112(1), first para., (c)) (see para. 24)
      2.                     Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment
            of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute
            of the Court of Justice, Art. 58, first para.) (see para. 29)
      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 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Longevity Health Products Inc. is ordered to pay the costs.