Judgment of the General Court of 16 December 2010 - Longevity Health Products v OHIM - Gruppo Lepetit (RESVEROL)
(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)
Language of the case: English
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) (represented by: D. Botis, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Gruppo Lepetit SpA (Lainate, Italy)
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.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Longevity Health Products, Inc., to pay the costs.
____________1 - OJ C 267, 7. 11. 2009.