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Case C-84/10 P: Judgment of the Court (Sixth Chamber) of 22 October 2010 — Longevity Health Products, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Merck KGaA (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Word sign ‘Kids Vits’ — Opposition by the proprietor of the Community word mark VITS4KIDS — Level of attention of the relevant public — Likelihood of confusion — Similarity of the signs — Right to be heard)
ECLI:EU:UNKNOWN:62010CA0084
62010CA0084
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12.3.2011
Official Journal of the European Union
C 80/9
(Case C-84/10 P) (<span class="super">1</span>)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word sign ‘Kids Vits’ - Opposition by the proprietor of the Community word mark VITS4KIDS - Level of attention of the relevant public - Likelihood of confusion - Similarity of the signs - Right to be heard)
2011/C 80/16
Language of the case: German
Parties
Appellant: Longevity Health Products, Inc. (represented by: J. E. Korab, Rechtsanwalt)
Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, Agent), Merck KGaA
Re:
Appeal brought against the judgment of the General Court (Eighth Chamber) of 9 December 2009 in Case T-484/08 Longevity Health Products v OHIM — Merck (Kids Vits) in which the General Court dismissed the action against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008, refusing the registration of the word sign ‘Kids Vits’ as a Community trade mark for certain goods in Class 5, by upholding the opposition by the proprietor of the earlier Community word mark ‘VITS4KIDS’ — Infringement of the right to a judicial hearing — Breach of Article 8(1)(b) of Regulation (EC) No 40/94 — Likelihood of confusion between two marks
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders Longevity Health Products, Inc. to pay the costs.
(<span class="super">1</span>) OJ C 100, 17.04.2010.