CELEX: 62011CB0081
Language: en
Date: 2012-03-08 00:00:00
Title: Case C-81/11 P: Order of the Court (Fifth Chamber) of 8 March 2012 — Longevity Health Products Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community word mark RESVEROL — Opposition by the proprietor of the earlier international word mark LESTEROL — Assessment of the likelihood of confusion — Rights of the defence)

4.8.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 235/3
            
         Order of the Court (Fifth Chamber) of 8 March 2012 — Longevity Health Products Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   (Case C-81/11 P) (1)
   
   (Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Application for Community word mark RESVEROL - Opposition by the proprietor of the earlier international word mark LESTEROL - Assessment of the likelihood of confusion - Rights of the defence)
   2012/C 235/03
   Language of the case: English
   
      Parties
   
   
      Appellant: Longevity Health Products Inc. (represented by: J. Korab, Rechtsanwalt)
   
      Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)
   
      Re:
   
   Appeal brought against the judgment of the General Court (Fifth Chamber) of 16 December 2010 in Case T-363/09 Longevity Health Products v OHIM — Gruppo Lepetit, by which that court dismissed an action brought by the applicant for word mark ‘RESVEROL’, for goods and services in Classes 3, 5 and 35, against decision R 1204/2008-2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 9 July 2009, dismissing the appeal lodged against the Opposition Division’s decision which refused in part registration of that mark in the context of the opposition brought by the proprietor of the national word marks ‘LESTEROL’, for goods in Class 5
   
      Operative part of the order
   
   
               1.
            
            
               The appeal is dismissed.
            
         
               2.
            
            
               Longevity Health Products Inc. shall pay the costs.
            
         
      (1)  OJ C 139, 7.5.2011.