Order of the Court of First Instance (Eighth Chamber) of 2 December 2008 – Longevity Health Products v OHIM – Hennig Arzneimittel (Cellutrim)

(Case T-169/07)

Community trade mark – Invalidity proceedings – Community word mark Cellutrim – Earlier national word mark Cellidrin – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law

Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 30-31)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1123/2006-1) concerning invalidity proceedings between, initially, Celltech Pharma GmbH & Co. KG and, subsequently, Hennig Arzneimittel GmbH & Co. KG and Longevity Health Products, Inc.

Information relating to the case

Registered Community trade mark of which cancellation sought:	Word mark Cellutrim for goods and services in Classes 3, 5 and 35 – Community mark No 3979036
Proprietor of the Community trade mark:	Longevity Health Products, Inc.
Party seeking cancellation of the Community trade mark:	Celltech Pharma GmbH & Co. KG
Trade mark of the party seeking cancellation:	Word mark Cellidrin for goods in Class 5
Decision of the Cancellation Division:	Community trade mark cancelled with regard to goods in Class 5
Decision of the Board of Appeal:	Appeal dismissed

Operative part

1. The action is dismissed.

2. Longevity Health Products, Inc. is ordered to pay the costs.