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22.10.2011 |
EN |
Official Journal of the European Union |
C 311/45 |
Action brought on 30 August 2011 — Longevity Health Products v OHIM — Weleda Trademark (MENOCHRON)
(Case T-473/11)
2011/C 311/84
Language of the case: German
Parties
Applicant: Longevity Health Products, Inc. (Nassau, Bahamas) (represented by: J. Korab, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal of OHIM: Weleda Trademark AG (Arlesheim, Switzerland)
Form of order sought
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declare the action by the company Longevity Health Products Inc. admissible; |
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annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 6 July 2011 in Case R 2345/2010-4 and reject the opposition by Weleda Trademark AG to the trade mark registration CTM 005050752; and |
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order the Office for Harmonisation in the Internal Market to bear the costs. |
Pleas in law and main arguments
Applicant for a Community trade mark: Longevity Health Products, Inc.
Community trade mark concerned: Word mark ‘MENOCHRON’ for goods and services in Classes 3, 5 and 35.
Proprietor of the mark or sign cited in the opposition proceedings: Weleda Trademark AG
Mark or sign cited in opposition: Word mark ‘MENODORON’ for goods and services in Classes 3, 5 and 44.
Decision of the Opposition Division: The opposition was upheld.
Decision of the Board of Appeal: The appeal was dismissed.
Pleas in law: Infringement of Article 8 of Regulation No 207/2009, (1) because there is no likelihood that the marks at issue would be confused.
(1) Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).