Community trade mark Opposition proceedings Relative ground for refusal Likelihood of confusion Article 8(1)(b) of Regulation (EC) No 207/2009 Similarity of the signs Application for Community word mark RESVEROL Earlier international word mark LESTEROL
Sumário
Judgment of the General Court (Fifth Chamber) of 16 December 2010.
Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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.
Case T-363/09.
Texto da decisão
Judgment of the General Court (Fifth Chamber) of 16 December 2010 – Longevity Health Products v OHIM – Gruppo Lepetit (RESVEROL)
(Case T-363/09)
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
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 23, 32-33)
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. |
Information relating to the case
|
Applicant for the Community trade mark: |
Longevity Health Products, Inc. |
|
Community trade mark sought: |
Word mark RESVEROL for goods and services in Classes 3, 5 and 35 – Application No 5244512 |
|
Proprietor of the mark or sign cited in the opposition proceedings: |
Gruppo Lepetit SpA |
|
Mark or sign cited in opposition: |
National trade mark registrations of the mark LESTEROL for goods in Class 5 |
|
Decision of the Opposition Division: |
Opposition upheld |
|
Decision of the Board of Appeal: |
Appeal dismissed |
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Longevity Health Products, Inc., to pay the costs. |