CELEX: 62009TN0363
Language: en
Date: 2009-09-17 00:00:00
Title: Case T-363/09: Action brought on 17 September 2009 — Longevity Health Products v OHIM — Gruppo Lepetit (RESVEROL)

7.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 267/80
            
         Action brought on 17 September 2009 — Longevity Health Products v OHIM — Gruppo Lepetit (RESVEROL)
   (Case T-363/09)
   2009/C 267/143
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicants: Longevity Health Products, Inc. (Nassau, The Bahamas) (represented by: J. Korab, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Gruppo Lepetit SpA (Lainate, Italy)
   
      Form of order sought
   
   
               —
            
            
               Admit the complaint filed by the applicant;
            
         
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 July 2009 in case R 1204/2008-2 and dismiss the request for a declaration of invalidity filed by the other party to the proceedings before the Board of Appeal with regard to Community trade mark 5 244 512; and
            
         
               —
            
            
               Order the defendant to bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The word mark “RESVEROL”, for goods and services in classes 3, 5 and 35
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited: National trade mark registrations of the mark “LESTEROL” for goods in class 5
   
      Decision of the Opposition Division: Upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.