Keywords
Subject of the case
Operative part

Keywords

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which have become customary in everyday language or commerce – Commonplace character – Criteria for assessment (Council Regulation No 207/2009, Art. 7(1)(d)) (see paras 26-27)

2. Community trade mark – Surrender, revocation and invalidity – Absolute grounds of invalidity – Registration contrary to Article 7(1)(d) of Regulation No 207/2009 – Exception – Acquisition of distinctive character through use (Council Regulation No 207/2009, Arts 7(1)(d) and 52(2)) (see paras 31, 37-40, 52)

Subject of the case

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) relating to invalidity proceedings between Performing Science LLC and Longevity Health Products Inc.

Information relating to the case

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Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Longevity Health Products Inc. to pay the costs.