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Order of the Court of First Instance (Eighth Chamber) of 2 December 2008. # Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Invalidity proceedings - Community word mark Cellutrim - Earlier national word mark Cellidrin - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law. # Case T-169/07.
ECLI:EU:T:2008:543
62007TO0169
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(Case T-169/07)
Community trade mark – Invalidity proceedings – Community word mark Cellutrim – Earlier national word mark Cellidrin – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 – Action in part manifestly inadmissible and in part manifestly lacking any foundation in law
Community trade mark – Surrender, revocation and invalidity – Relative grounds of invalidity (Council Regulation No 40/94, Arts 8(1)(b) and 52(1)(a)) (see paras 30-31)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1123/2006-1) concerning invalidity proceedings between, initially, Celltech Pharma GmbH & Co. KG and, subsequently, Hennig Arzneimittel GmbH & Co. KG and Longevity Health Products, Inc.
Information relating to the case
Registered Community trade mark of which cancellation sought:
Word mark Cellutrim for goods and services in Classes 3, 5 and 35 – Community mark No 3979036
Proprietor of the Community trade mark:
Party seeking cancellation of the Community trade mark:
Celltech Pharma GmbH & Co. KG
Trade mark of the party seeking cancellation:
Word mark Cellidrin for goods in Class 5
Decision of the Cancellation Division:
Community trade mark cancelled with regard to goods in Class 5
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The action is dismissed.