Judgment of the General Court (Fifth Chamber) of 24 May 2011 – Longevity Health Products v OHIM – Tecnifar (E-PLEX)

(Case T-161/10)

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 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 39, 43)

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.

Information relating to the case

Applicant for the Community trade mark:	Longevity Health Products, Inc.
Community trade mark sought:	Word mark E‑PLEX for goods and services in Classes 3, 5 and 35 – Application No 5126909
Proprietor of the mark or sign cited in the opposition proceedings:	Tecnifar – Industria Tecnica Farmaceutica, SA
Mark or sign cited in opposition:	Portuguese trade mark registration of the word mark EPILEX for goods in Class 5
Decision of the Opposition Division:	Opposition partially upheld
Decision of the Board of Appeal:	Appeal partially dismissed

Operative part

The Court:

1. Dismisses the action;

2. Orders Longevity Health Products, Inc. to pay the costs.