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Document 62009TN0190

Case T-190/09: Action brought on 13 May 2009 — Longevity Health Products v OHIM — Performing Science (5 HTP)

IO C 167, 18.7.2009, p. 17–17 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

18.7.2009   

EN

Official Journal of the European Union

C 167/17

Action brought on 13 May 2009 — Longevity Health Products v OHIM — Performing Science (5 HTP)

(Case T-190/09)

2009/C 167/34

Language in which the application was lodged: German

Parties

Applicant: Longevity Health Products, Inc (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 of OHIM: Performing Science LLC

Forms of order sought

—

Declare the appeal of Longevity Health Products, Inc admissible,

—

Annul the decision of the Fourth Board of Appeal of 21 April 2009 and dismiss the application by Performing Science LLC that Community trade mark No 002846483 — ‘5 HTP’ be declared invalid, and

—

Order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word mark ‘5 HTP’ for goods and services in Classes 5, 16 and 35 (Community trade mark No 2 846 483).

Proprietor of the Community trade mark: Longevity Health Products, Inc.

Applicant for the declaration of invalidity: Performing Science LLC.

Decision of the Cancellation Division: Application for declaration of invalidity of the trade mark concerned partially granted.

Decision of the Board of Appeal: Dismissal of the applicant’s appeal.

Pleas in law: Infringement of Article 7(1)(d) of Regulation (EC) No 40/94 (now Article 7(1)(d) of Regulation (EC) No 207/2009 (1).

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

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