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Document 62007TO0169

Order of the Court of First Instance (Eighth Chamber) of 2 December 2008.
Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Invalidity proceedings - Community word mark Cellutrim - Earlier national word mark Cellidrin - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law.
Case T-169/07.

European Court Reports 2008 II-00299*

ECLI identifier: ECLI:EU:T:2008:543





Order of the Court of First Instance (Eighth Chamber) of 2 December 2008 – Longevity Health Products v OHIM – Hennig Arzneimittel (Cellutrim)

(Case T-169/07)

Community trade mark – Invalidity proceedings – Community word mark Cellutrim – Earlier national word mark Cellidrin – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 30-31)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1123/2006-1) concerning invalidity proceedings between, initially, Celltech Pharma GmbH & Co. KG and, subsequently, Hennig Arzneimittel GmbH & Co. KG and Longevity Health Products, Inc.

Information relating to the case

Registered Community trade mark of which cancellation sought:

Word mark Cellutrim for goods and services in Classes 3, 5 and 35 – Community mark No 3979036

Proprietor of the Community trade mark:

Longevity Health Products, Inc.

Party seeking cancellation of the Community trade mark:

Celltech Pharma GmbH & Co. KG

Trade mark of the party seeking cancellation:

Word mark Cellidrin for goods in Class 5

Decision of the Cancellation Division:

Community trade mark cancelled with regard to goods in Class 5

Decision of the Board of Appeal:

Appeal dismissed


Operative part

1.

The action is dismissed.

2.

Longevity Health Products, Inc. is ordered to pay the costs.

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