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Case T-169/07: Order of the Court of First Instance of 2 December 2008 — Longevity Health Products v OHIM — Hennig Arzneimittel (Cellutrim) (Community trade mark — Invalidity proceedings — Community word mark Cellutrim — Earlier national word mark Cellidrin — Likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 40/94 — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62007TB0169
62007TB0169
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21.2.2009
Official Journal of the European Union
C 44/46
(Case T-169/07)
(Community trade mark - Invalidity proceedings - Community word mark Cellutrim - Earlier national word mark Cellidrin - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
(2009/C 44/81)
Language of the case: German
Parties
Applicant: Longevity Health Products, Inc. (Nassau, Bahamas) (represented by: J. Korab, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: G. Schneider, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the Court of First Instance: Hennig Arzneimittel GmbH & Co. KG (Flörsheim, Germany) (represented by: S. Ziegler, C. Kleiner and F. Dehn, lawyers)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 7 March 2007 (Case R 1123/2006-1) concerning invalidity proceedings between, initially, Celltech Pharma GmbH & Co. KG and, subsequently, Hennig Arzneimittel GmbH & Co. KG and Longevity Health Products, Inc.
Operative part of the order
1.The action is dismissed.
2.Longevity Health Products, Inc. is ordered to pay the costs.
(<span class="super">1</span>) OJ C 155, 7.7.2007.