Judgment of the General Court (Eighth Chamber) of 9 December 2009 – LongevityHealth Products v OHIM – Merck (Kids Vits)
(Case T-484/08)
Community trade mark – Opposition proceedings – Application for Community word mark Kids Vits – Earlier Community word mark VITS4KIDS – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 25, 38)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008 (Case R 716/2007-4) relating to opposition proceedings between Merck KGaA and Longevity Health Products, Inc. |
Information relating to the case
Applicant for the Community trade mark: | Longevity Health Products, Inc. |
Community trade mark sought: | Word mark Kids Vits for goods and services in Classes 3, 5 and 35 – Application No 3979143 |
Proprietor of the mark or sign cited in the opposition proceedings: | Merck KGaA |
Mark or sign cited in opposition: | Word mark VITS4KIDS for goods in Class 5 – Community trade mark No 3128196 |
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. |