Action brought on 30 August 2011 - Longevity Health Products v OHIM - Weleda Trademark (MENOCHRON)

(Case T-473/11)

Language of the case: German

Parties

Applicant: Longevity Health Products, Inc. (Nassau, 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 of OHIM: Weleda Trademark AG (Arlesheim, Switzerland)

Form of order sought

declare the action by the company Longevity Health Products Inc. admissible;

annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 July 2011 in Case R 2345/2010-4 and reject the opposition by Weleda Trademark AG to the trade mark registration CTM 005050752; and

order the Office for Harmonisation in the Internal Market to bear the costs.

Pleas in law and main arguments

Applicant for a Community trade mark: Longevity Health Products, Inc.

Community trade mark concerned: Word mark 'MENOCHRON' for goods and services in Classes 3, 5 and 35.

Proprietor of the mark or sign cited in the opposition proceedings: Weleda Trademark AG

Mark or sign cited in opposition: Word mark 'MENODORON' for goods and services in Classes 3, 5 and 44.

Decision of the Opposition Division: The opposition was upheld.

Decision of the Board of Appeal: The appeal was dismissed.

Pleas in law: Infringement of Article 8 of Regulation No 207/2009, ¹ because there is no likelihood that the marks at issue would be confused.

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