CELEX: 62009TJ0363
Language: en
Date: 2010-12-16 00:00:00
Title: Judgment of the General Court (Fifth Chamber) of 16 December 2010. # 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 RESVEROL - Earlier international word mark LESTEROL - Relative ground for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-363/09.

Judgment of the General Court (Fifth Chamber) of 16 December 2010 – Longevity Health Products v OHIM – Gruppo Lepetit (RESVEROL)
      (Case T-363/09)
      Community trade mark – Opposition proceedings – Application for Community word mark RESVEROL – Earlier international word mark LESTEROL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 207/2009, Art. 8(1)(b)) (see paras 23, 32-33)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 July 2009 (Case R 1204/2008-2) relating to
                  opposition proceedings between Gruppo Lepetit SpA 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 RESVEROL for goods and services in Classes 3, 5 and 35 – Application No 5244512
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Gruppo Lepetit SpA
            
         
               Mark or sign cited in opposition:
            
            
               National trade mark registrations of the mark LESTEROL for goods in Class 5
            
         
               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.