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Order of the Court (Fifth Chamber) of 8 March 2012. # 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 8(1)(b) - Application for Community word mark RESVEROL - Opposition by the proprietor of the earlier international word mark LESTEROL - Assessment of the likelihood of confusion - Rights of the defence. # Case C-81/11 P.
ECLI:EU:C:2012:132
62011CO0081
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Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Application for Community word mark RESVEROL — Opposition by the proprietor of the earlier international word mark LESTEROL — Assessment of the likelihood of confusion — Rights of the defence
Re:
Appeal brought against the judgment of the General Court (Fifth Chamber) of 16 December 2010 in Case T-363/09 Longevity Health Products v OHIM — Gruppo Lepetit, by which that court dismissed an action brought by the applicant for word mark ‘RESVEROL’, for goods and services in Classes 3, 5 and 35, against decision R 1204/2008‑2 of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 9 July 2009, dismissing the appeal lodged against the Opposition Division’s decision which refused in part registration of that mark in the context of the opposition brought by the proprietor of the national word marks ‘LESTEROL’, for goods in Class 5.
Operative part
1.The appeal is dismissed.