Judgment of the General Court (Eighth Chamber) of 9 December 2009 – Longevity Health Products v OHIM – Merck (Kids Vits)
(Case T-484/08)
Community trade mark – Opposition proceedings – Application for Community word mark Kids Vits – Earlier Community word mark VITS4KIDS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 25, 38)
Re:
ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 716/2007-4) relating to opposition proceedings between Merck KGaA 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 Kids Vits for goods and services in Classes 3, 5 and 35 – Application No 3979143
Proprietor of the mark or sign cited in the opposition proceedings:
Merck KGaA
Mark or sign cited in opposition:
Word mark VITS4KIDS for goods in Class 5 – Community trade mark No 3128196
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.
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