Judgment of the General Court (Fifth Chamber) of 16 December 2010 – Longevity Health Products v OHIM – Gruppo Lepetit (RESVEROL)
(Case T-363/09)
Community trade mark – Opposition proceedings – Application for Community word mark RESVEROL – Earlier international word mark LESTEROL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 207/2009, Art. 8(1)(b)) (see paras 23, 32-33)
Re:
| ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 July 2009 (Case R 1204/2008-2) relating to opposition proceedings between Gruppo Lepetit SpA 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 RESVEROL for goods and services in Classes 3, 5 and 35 – Application No 5244512 |
Proprietor of the mark or sign cited in the opposition proceedings: | Gruppo Lepetit SpA |
Mark or sign cited in opposition: | National trade mark registrations of the mark LESTEROL for goods in Class 5 |
Decision of the Opposition Division: | Opposition upheld |
Decision of the Board of Appeal: | Appeal dismissed |
Operative part
The Court:
2. | | Orders Longevity Health Products, Inc., to pay the costs. |