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.
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