CELEX: C2007/155/72
Language: en
Date: 2007-07-07 00:00:00
Title: Case T-169/07: Action brought on 16 May 2007 — Longevity Health Products v OHIM — Celltech Pharma (Cellutrim)

7.7.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/40
            
         Action brought on 16 May 2007 — Longevity Health Products v OHIM — Celltech Pharma (Cellutrim)
   (Case T-169/07)
   (2007/C 155/72)
   Language in which the application was lodged: German
   Parties
   
      Applicant: Longevity Health Products Inc. (Nassau, Bahamas) (represented by: J.E. Korab, Rechtsanwalt)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Celltech Pharma GmbH & Co. KG
   Form of order sought
   
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               declaration that the application is admissible;
            
         
               —
            
            
               annulment of the decision of the First Board of Appeal of 7 March 2007 and dismissal of the application by Celltech Pharma GmbH & Co. KG that Community trade mark registration No 3979036 be declared invalid; and
            
         
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               order that the Office for Harmonisation in the Internal Market pay the costs.
            
         Pleas in law and main arguments
   
      Registered Community trade mark in respect of which a declaration of invalidity has been sought: The word mark ‘Cellutrim’ for goods and services in classes 3, 5 and 35 (Community trade mark No 3979036).
   
      Proprietor of the Community trade mark: The applicant.
   
      Applicant for the declaration of invalidity: Celltech Pharma GmbH & Co. KG.
   
      Trade mark right of applicant for the declaration: The word mark ‘Cellidrin’ for goods in class 5.
   
      Decision of the Cancellation Division: Cancellation of the Community trade mark concerned in relation to goods in class 5.
   
      Decision of the Board of Appeal: Appeal dismissed.
   
      Pleas in law: Faulty reasoning of the Board of Appeal, since there is no likelihood of confusion between the conflicting marks.