(Case T-363/09)

Community trade mark – Opposition proceedings – Application for Community word mark RESVEROL – Earlier international word mark LESTEROL – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – 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 207/2009, Art. 8(1)(b)) (see paras 23, 32-33)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 9 July 2009 (Case R 1204/2008-2) relating to opposition proceedings between Gruppo Lepetit SpA and Longevity Health Products, Inc.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Word mark RESVEROL for goods and services in Classes 3, 5 and 35 – Application No 5244512

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

Gruppo Lepetit SpA

Mark or sign cited in opposition:

National trade mark registrations of the mark LESTEROL for goods in Class 5

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.