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Case C-316/11 P: Order of the Court (Eighth Chamber) of 21 September 2011 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA (Appeal — Community trade mark — Proceedings before the Board of Appeal of OHIM — Failure to comply with the obligation to pay the appeal fee within the period prescribed — Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed)
ECLI:EU:UNKNOWN:62011CB0316
62011CB0316
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28.1.2012
Official Journal of the European Union
C 25/24
(Case C-316/11 P) (<span class="oj-super oj-note-tag">1</span>)
(Appeal - Community trade mark - Proceedings before the Board of Appeal of OHIM - Failure to comply with the obligation to pay the appeal fee within the period prescribed - Decision of the Board of Appeal declaring that the appeal is deemed not to have been filed)
(2012/C 25/42)
Language of the case: English
Parties
Appellant: Longevity Health Products, Inc. (represented by: J. Korab, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs), Biofarma SA
Re:
Appeal against the order of the General Court (Second Chamber) of 15 April 2011 in Case T-96/11 Longevity Health Products v OHIM — Biofarma by which that court dismissed an action brought by the applicant for word mark ‘VITACHRON FEMALE’ for goods and services in, inter alia, class 5 against Decision R 1357/2010-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 10 January 2011, declaring that the appeal against the Opposition Division’s decision — which refused registration of that mark in the opposition proceedings brought by the proprietor of the national marks ‘VITATHION’ for goods and services in class 5 — was deemed not to have been filed since the appeal fee had not been paid within the time-limit.
Operative part of the order
1.The appeal is dismissed.
(<span class="oj-super">1</span>) OJ C 269, 10.9.2011.