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Document 62008TJ0484

    Judgment of the General Court (Eighth Chamber) of 9 December 2009.
    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 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.

    European Court Reports 2009 II-00234*

    ECLI identifier: ECLI:EU:T:2009:486





    Judgment of the General Court (Eighth Chamber) of 9 December 2009 – Longevity Health Products v OHIM – Merck (Kids Vits)

    (Case T-484/08)

    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)

    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 40/94, Art. 8(1)(b)) (see paras 25, 38)

    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.

    Information relating to the case

    Applicant for the Community trade mark:

    Longevity Health Products, Inc.

    Community trade mark sought:

    Word mark Kids Vits for goods and services in Classes 3, 5 and 35 – Application No 3979143

    Proprietor of the mark or sign cited in the opposition proceedings:

    Merck KGaA

    Mark or sign cited in opposition:

    Word mark VITS4KIDS for goods in Class 5 – Community trade mark No 3128196

    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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