CELEX: 62008TN0484
Language: en
Date: 2008-11-11 00:00:00
Title: Case T-484/08: Action brought on 11 November 2008 — Longevity Health Products v OHIM — Merck (Kids Vits)

7.2.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 32/38
            
         Action brought on 11 November 2008 — Longevity Health Products v OHIM — Merck (Kids Vits)
   (Case T-484/08)
   (2009/C 32/75)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Longevity Health Products, Inc. (Nassau, 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 of OHIM: Merck KGaA (Darmstadt, Germany)
   Form of order sought
   
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               Declare the action brought by Longevity Health Products, Inc. admissible;
            
         
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               annul the decision of the Fourth Board of Appeal of 28 August 2008 and dismiss the nullity proceedings of Merck KGaA against registration of Community trade mark 003 979 143; and
            
         
               —
            
            
               order the Office for Harmonisation in the Internal Market to pay the costs.
            
         Pleas in law and main arguments
   
      Applicant for a Community trade mark: The applicant.
   
      Community trade mark concerned: Word mark ‘Kids Vits’ for goods and services in Classes 3, 5 and 35 (Community trade mark No 3 979 143).
   
      Proprietor of the mark or sign cited in the opposition proceedings: Merck KGaA.
   
      Mark or sign cited in opposition: Word mark ‘VIDS4KIDS’ for goods in Class 5 (mark No 3 128 196).
   
      Decision of the Opposition Division: Upholding of the opposition.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Breach of Article 8(1)(b) of Regulation (EC) No 40/94 (1), since there is no likelihood of confusion between the opposing marks.
   
      (1)  Council Regulation (EC) No 40/94 of 20 December 1993 on the Community trade mark (OJ 1994 L 11, p. 1).