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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) (OHIM). # 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. # Case C-222/11 P.
ECLI:EU:C:2011:803
62011CO0222
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(Case C‑222/11 P)
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
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
1.The appeal is dismissed.
2.Longevity Health Products Inc. is ordered to pay the costs.