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.

Judgment of the General Court (Fifth Chamber) of 16 December 2010 – Longevity Health Products v OHIM – Gruppo Lepetit (RESVEROL) (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: Longevity Health Products, Inc. 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.