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Case T-190/09: Judgment of the General Court of 9 March 2011 — Longevity Health Products v OHIM — Performing Science (5 HTP) (Community trade mark — Invalidity proceedings — Community word mark 5 HTP — Absolute ground of refusal — Signs or indications which have become customary — Article 7(1)(d) of Regulation (EC) No 207/2009 — Distinctive character acquired by use — Article 52(2) of Regulation No 207/2009)
ECLI:EU:UNKNOWN:62009TA0190
62009TA0190
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16.4.2011
Official Journal of the European Union
C 120/11
(Case T-190/09) (<span class="super">1</span>)
(Community trade mark - Invalidity proceedings - Community word mark 5 HTP - Absolute ground of refusal - Signs or indications which have become customary - Article 7(1)(d) of Regulation (EC) No 207/2009 - Distinctive character acquired by use - Article 52(2) of Regulation No 207/2009)
2011/C 120/28
Language of the case: German
Parties
Applicant: Longevity Health Products Inc. (Nassau, Bahamas) (represented by: J.E. Korab, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Schäffner, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Performing Science LLC (Las Vegas, Nevada, United States) (represented by: D. Plasser, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) relating to invalidity proceedings between Performing Science LLC and Longevity Health Products Inc.
Operative part of the judgment
The Court:
1.The action is dismissed;
2.Longevity Health Products Inc. is ordered to pay the costs.
(<span class="super">1</span>) OJ C 167, 18.7.2009.