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Case C-222/11 P: Order of the Court (Sixth Chamber) of 1 December 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Performing Science LLC (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 7(1)(d) — Word sign ‘5 HTP’ — Application for a declaration of invalidity — Appeal manifestly unfounded)
ECLI:EU:UNKNOWN:62011CB0222
62011CB0222
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10.3.2012
Official Journal of the European Union
C 73/12
(Case C-222/11 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 7(1)(d) - Word sign ‘5 HTP’ - Application for a declaration of invalidity - Appeal manifestly unfounded)
2012/C 73/21
Language of the case: German
Parties
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) (represented by: G. Schneider, Agent), Performing Science LLC
Re:
Appeal against the judgment of the General Court (Sixth Chamber) of 9 March 2011 in Case T-190/09 Longevity Health Products v OHIM — Performing Science (5 HTP) relating to an action brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) concerning invalidity proceedings between Performing Science LLC and Longevity Health Products, Inc. — Distinctive character of the word sign 5 HTP
Operative part of the order
1.The appeal is dismissed.
2.Longevity Health Products Inc. is ordered to pay the costs.
(<span class="super">1</span>) OJ C 252, 27.8.2011.