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Document 62009TN0363

Case T-363/09: Action brought on 17 September 2009 — Longevity Health Products v OHIM — Gruppo Lepetit (RESVEROL)

OJ C 267, 7.11.2009, p. 80–81 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

7.11.2009   

EN

Official Journal of the European Union

C 267/80

Action brought on 17 September 2009 — Longevity Health Products v OHIM — Gruppo Lepetit (RESVEROL)

(Case T-363/09)

2009/C 267/143

Language in which the application was lodged: English

Parties

Applicants: Longevity Health Products, Inc. (Nassau, The Bahamas) (represented by: J. Korab, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Gruppo Lepetit SpA (Lainate, Italy)

Form of order sought

—

Admit the complaint filed by the applicant;

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 July 2009 in case R 1204/2008-2 and dismiss the request for a declaration of invalidity filed by the other party to the proceedings before the Board of Appeal with regard to Community trade mark 5 244 512; and

—

Order the defendant to bear the costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark “RESVEROL”, for goods and services in classes 3, 5 and 35

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited: National trade mark registrations of the mark “LESTEROL” for goods in class 5

Decision of the Opposition Division: Upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned.

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