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Document 62008TA0484
Case T-484/08: Judgment of the General Court of 9 December 2009 — Longevity Health Products v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark Kids Vits — Earlier Community word mark VITS4KIDS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Case T-484/08: Judgment of the General Court of 9 December 2009 — Longevity Health Products v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark Kids Vits — Earlier Community word mark VITS4KIDS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
Case T-484/08: Judgment of the General Court of 9 December 2009 — Longevity Health Products v OHIM (Community trade mark — Opposition proceedings — Application for Community word mark Kids Vits — Earlier Community word mark VITS4KIDS — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
OJ C 24, 30.1.2010, p. 50–50
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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30.1.2010 |
EN |
Official Journal of the European Union |
C 24/50 |
Judgment of the General Court of 9 December 2009 — Longevity Health Products v OHIM
(Case T-484/08) (1)
(Community trade mark - Opposition proceedings - Application for Community word mark Kids Vits - Earlier Community word mark VITS4KIDS - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009))
2010/C 24/87
Language of the case: German
Parties
Applicant: Longevity Health Products, Inc. (Nassau, Bahamas) (represented by: J. Korab, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Merck KGaA (Darmstadt, Germany)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 716/2007-4) relating to opposition proceedings between Merck KGaA and Longevity Health Products, Inc.
Operative part of the judgment
The Court:
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1. |
dismisses the action; |
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2. |
orders Longevity Health Products, Inc. to pay the costs. |