Order of the Court (Sixth Chamber) of 1 December 2011 – Longevity Health Products v OHIM
(Case C‑222/11 P)
Appeal – Community trade mark – Regulation (EC) No40/94 – Article 7(1)(d) – Word sign ‘5 HTP’ – Application for a declaration of invalidity – Appeal manifestly unfounded
1.Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Error of law relied on not identified – Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1), first para., (c)) (see para. 24)
2.Appeals – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 29)
Re:
| Appeal against the judgment of the General Court (Sixth Chamber) of 9 March 2011 in Case T-190/09 | Longevity Health Products | v | OHIM – Performing Science (5 HTP) | relating to an action brought against the decision of the Fourth Board of Appeal of OHIM of 21 April 2009 (Case R 595/2008-4) concerning invalidity proceedings between Performing Science LLC and Longevity Health Products, Inc. – Distinctive character of the word sign 5 HTP. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| Longevity Health Products Inc. is ordered to pay the costs. |