Order of the Court (Sixth Chamber) of 1 December 2011 – Longevity Health Products v OHIM

(Case C‑222/11 P)

Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 7(1)(d) – Word sign ‘5 HTP’ – Application for a declaration of invalidity – Appeal manifestly unfounded

1.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1), first para., (c)) (see para. 24)

2.                     Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 29)

Re:

Operative part