CELEX: 62009TN0190
Language: en
Date: 2009-05-13 00:00:00
Title: Case T-190/09: Action brought on 13 May 2009 — Longevity Health Products v OHIM — Performing Science (5 HTP)

18.7.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 167/17
            
         Action brought on 13 May 2009 — Longevity Health Products v OHIM — Performing Science (5 HTP)
   (Case T-190/09)
   2009/C 167/34
   Language in which the application was lodged: German
   
      Parties
   
   
      Applicant: Longevity Health Products, Inc (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: Performing Science LLC
   
      Forms of order sought
   
   
               —
            
            
               Declare the appeal of Longevity Health Products, Inc admissible,
            
         
               —
            
            
               Annul the decision of the Fourth Board of Appeal of 21 April 2009 and dismiss the application by Performing Science LLC that Community trade mark No 002846483 — ‘5 HTP’ be declared invalid, and
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market to 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 ‘5 HTP’ for goods and services in Classes 5, 16 and 35 (Community trade mark No 2 846 483).
   
      Proprietor of the Community trade mark: Longevity Health Products, Inc.
   
      Applicant for the declaration of invalidity: Performing Science LLC.
   
      Decision of the Cancellation Division: Application for declaration of invalidity of the trade mark concerned partially granted.
   
      Decision of the Board of Appeal: Dismissal of the applicant’s appeal.
   
      Pleas in law: Infringement of Article 7(1)(d) of Regulation (EC) No 40/94 (now Article 7(1)(d) of Regulation (EC) No 207/2009 (1).
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).