CELEX: 62007TO0169
Language: en
Date: 2008-12-02 00:00:00
Title: Order of the Court of First Instance (Eighth Chamber) of 2 December 2008. # Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark Cellutrim - Earlier national word mark Cellidrin - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law. # Case T-169/07.

Order of the Court of First Instance (Eighth Chamber) of 2 December 2008 – Longevity Health Products v OHIM – Hennig Arzneimittel
            (Cellutrim)
      (Case T-169/07)
      Community trade mark – Invalidity proceedings – Community word mark Cellutrim – Earlier national word mark Cellidrin – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
      Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 30-31)
      Re:
      
         
               ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1123/2006-1) concerning invalidity
                  proceedings between, initially, Celltech Pharma GmbH & Co. KG and, subsequently, Hennig Arzneimittel GmbH & Co. KG and Longevity
                  Health Products, Inc.
               
            Information relating to the case
      
               Registered Community trade mark of which cancellation sought:
            
            
               Word mark Cellutrim for goods and services in Classes 3, 5 and 35 – Community mark No 3979036
            
         
               Proprietor of the Community trade mark:
            
            
               Longevity Health Products, Inc.
            
         
               Party seeking cancellation of the Community trade mark:
            
            
               Celltech Pharma GmbH & Co. KG
            
         
               Trade mark of the party seeking cancellation:
            
            
               Word mark Cellidrin for goods in Class 5
            
         
               Decision of the Cancellation Division:
            
            
               Community trade mark cancelled with regard to goods in Class 5
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The action is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	Longevity Health Products, Inc. is ordered to pay the costs.