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Document 62009TJ0363

    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.

    European Court Reports 2010 II-00286*

    ECLI identifier: ECLI:EU:T:2010:538





    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.

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