Order of the Court (Sixth Chamber) of 1 December 2011.#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 7(1)(d) - Word sign '5 HTP' - Application for a declaration of invalidity - Appeal manifestly unfounded.#Case C-222/11 P.

Subject of the case

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

Operative part

1. The appeal is dismissed.

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