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(Case C-378/11 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Community trade mark - Proceedings before the Board of Appeal of OHIM - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed)
(2012/C 25/43)
Language of the case: English
Appellant: Longevity Health Products, Inc. (represented by: J. Korab, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA
Appeal against the order of the General Court (Second Chamber) of 15 April 2011 in Case T-95/11 Longevity Health Products v OHIM — Biofarma (VITACHRON MALE) by which that court dismissed an action brought by the applicant for the word mark ‘VITACHRON MALE’ for goods and services in, inter alia, Class 5 against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 January 2011 in Case R 1356/2010-4, declaring that the appeal against the Opposition Division’s decision — which refused registration of that mark in the opposition proceedings brought by the proprietor of the national marks ‘VITATHION’ for goods and services in Class 5 — was deemed not to have been filed since the appeal fee had not been paid within the time-limit.
1.The appeal is dismissed.
(<span class="oj-super">1</span>) OJ C 269, 10.9.2011.