EuGH · C-84/10

Subject of the case Operative part 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.