Community trade mark - Opposition proceedings - Application for Community word mark E-PLEX - Earlier national word mark EPILEX - 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 24 May 2011 – Longevity Health Products v OHIM – Tecnifar (E-PLEX) (Case T-161/10) Community trade mark – Opposition proceedings – Application for Community word mark E-PLEX – Earlier national word mark EPILEX – Relative ground for refusal – Likelihood of confusion – Similarity of 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 39, 43) Re: ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 5 February 2010 (Case R 662/2009‑4), relating to opposition proceedings between Tecnifar – Industria Tecnica Farmaceutica, SA 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 E‑PLEX for goods and services in Classes 3, 5 and 35 – Application No 5126909 Proprietor of the mark or sign cited in the opposition proceedings: Tecnifar – Industria Tecnica Farmaceutica, SA Mark or sign cited in opposition: Portuguese trade mark registration of the word mark EPILEX for goods in Class 5 Decision of the Opposition Division: Opposition partially upheld Decision of the Board of Appeal: Appeal partially dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Longevity Health Products, Inc. to pay the costs.