Action brought on 16 May 2007 - Longevity Health Products v OHIM - Celltech Pharma (Cellutrim)

(Case T-169/07)

Language in which the application was lodged: German

Parties

Applicant: Longevity Health Products Inc. (Nassau, Bahamas) (represented by: J.E. Korab, Rechtsanwalt)

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

Other party to the proceedings before the Board of Appeal of OHIM: Celltech Pharma GmbH & Co. KG

Form of order sought

declaration that the application is admissible;

annulment of the decision of the First Board of Appeal of 7 March 2007 and dismissal of the application by Celltech Pharma GmbH & Co. KG that Community trade mark registration No 3979036 be declared invalid; and

order that the Office for Harmonisation in the Internal Market 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 'Cellutrim' for goods and services in classes 3, 5 and 35 (Community trade mark No 3979036).

Proprietor of the Community trade mark: The applicant.

Applicant for the declaration of invalidity: Celltech Pharma GmbH & Co. KG.

Trade mark right of applicant for the declaration: The word mark 'Cellidrin' for goods in class 5.

Decision of the Cancellation Division: Cancellation of the Community trade mark concerned in relation to goods in class 5.

Decision of the Board of Appeal: Appeal dismissed.

Pleas in law: Faulty reasoning of the Board of Appeal, since there is no likelihood of confusion between the conflicting marks.

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