Judgment of the General Court of 24 May 2011 - Longevity Health Products v OHIM - Tecnifar (E-PLEX)
(Community trade mark - Opposition proceedings - Application for Community word mark E-PLEX - Earlier national word mark EPILEX - 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: R. Pethke, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Tecnifar - Industria Tecnica Farmaceutica, SA (Lisbon, Portugal)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2010 (Case R 662/2009-4), relating to opposition proceedings between Tecnifar - Industria Tecnica Farmaceutica, SA and Longevity Health Products, Inc.
Operative part of the judgment
The Court:
Dismisses the action;
Orders Longevity Health Products, Inc. to pay the costs.
____________1 - OJ C 148, 5.6.2010.