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Document 62008TJ0201

Judgment of the General Court (Third Chamber) of 28 September 2010.
Market Watch Franchise & Consulting, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for the Community word mark Seroslim - Earlier Community word mark SEROSTIM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).
Case T-201/08.

Thuarascálacha na Cúirte Eorpaí 2010 II-00203*

ECLI identifier: ECLI:EU:T:2010:408





Judgment of the General Court (Third Chamber) of 28 September 2010 – Market Watch v OHIM – Ares Trading (Seroslim)

(Case T-201/08)

Community trade mark – Opposition proceedings – Application for the Community word mark Seroslim – Earlier Community word mark SEROSTIM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now 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 40/94, Art. 8(1)(b)) (see paras 23-24, 49)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 6 March 2008 (Case R 805/2007-2) relating to opposition proceedings between Ares Trading SA and Market Watch Franchise & Consulting, Inc.

Information relating to the case

Applicant for the Community trade mark:

Market Watch Franchise & Consulting, Inc.

Community trade mark sought:

Word mark Seroslim for goods and services in Classes 3, 5 and 35 – Application No 4113321

Proprietor of the mark or sign cited in the opposition proceedings:

Ares Trading SA

Mark or sign cited in opposition:

Word mark SEROSTIM for goods in Class 5 (Community trade mark No 2405694)

Decision of the Opposition Division:

Opposition upheld in respect to all the goods in Class 5 and in respect of ‘soaps, hair lotions and dentifrices’ in Class 3

Decision of the Board of Appeal:

Appeal dismissed


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Market Watch Franchise & Consulting, Inc. to pay the costs.

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