(Case T-484/08)

Community trade mark – Opposition proceedings – Application for Community word mark Kids Vits – Earlier Community word mark VITS4KIDS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 25, 38)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 716/2007-4) relating to opposition proceedings between Merck KGaA and Longevity Health Products, Inc.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark Kids Vits for goods and services in Classes 3, 5 and 35 – Application No 3979143

Proprietor of the mark or sign cited in the opposition proceedings:

Merck KGaA

Mark or sign cited in opposition:

Word mark VITS4KIDS for goods in Class 5 – Community trade mark No 3128196

Decision of the Opposition Division:

Opposition upheld

Decision of the Board of Appeal:

Appeal dismissed

Operative part

The Court:

1.Dismisses the action;

2.Orders Longevity Health Products, Inc. to pay the costs.