CELEX: 62008TJ0484
Language: en
Date: 2009-12-09
Title: Judgment of the General Court (Eighth Chamber) of 9 December 2009. # Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (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). # Case T-484/08.

Judgment of the General Court (Eighth Chamber) of 9 December 2009 – Longevity Health Products v OHIM – Merck (Kids Vits)
      (Case T-484/08)
      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)
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 25, 38)
      
      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.
               
            Information relating to the case
      
               Applicant for the Community trade mark:
            
            
               Longevity Health Products, Inc.
            
         
               Community trade mark sought:
            
            
               Word mark Kids Vits for goods and services in Classes 3, 5 and 35 – Application No 3979143
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Merck KGaA
            
         
               Mark or sign cited in opposition:
            
            
               Word mark VITS4KIDS for goods in Class 5 – Community trade mark No 3128196
            
         
               Decision of the Opposition Division:
            
            
               Opposition upheld
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Longevity Health Products, Inc. to pay the costs.