Order of the Court (Sixth Chamber) of 22 October 2010.#Longevity Health Products Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Word sign 'Kids Vits' - Opposition by the proprietor of the Community word mark VITS4KIDS - Level of attention of the relevant public - Likelihood of confusion - Similarity of the signs - Right to be heard.#Case C-84/10 P.

Subject of the case

Re:

Appeal brought against the judgment of the General Court (Eighth Chamber) of 9 December 2009 in Case T-484/08 Longevity Health Products v OHIM – Merck (Kids Vits) , by which that court dismissed the action against the decision of the Fourth Board of Appeal of OHIM of 28 August 2008, refusing the registration of the word sign ‘Kids Vits’ as a Community trade mark for certain goods in Class 5, by upholding the opposition by the proprietor of the earlier Community word mark ‘VITS4KIDS’ – Breach of the right to a judicial hearing – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 – Likelihood of confusion between two marks.

Operative part

Operative part

1. The appeal is dismissed.

2. Longevity Health Products, Inc. is ordered to pay the costs.