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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.

    Izvješća Suda EU-a 2010 II-00203*

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

    Date of document:
    28/09/2010
    Date lodged:
    26/05/2008
    Author:
    Opći sud
    Country or organisation from which the request originates:
    Treće zemlje
    Form:
    Presuda
    Authentic language:
    engleski
    Type of procedure:
    Tužba za poništenje - odbijanje zbog neosnovanosti
    Applicant:
    Građanin
    Defendant:
    Institucije i tijela EU-a, Ured Europske unije za intelektualno vlasništvo
    Judge-Rapporteur:
    Frimodt Nielsen
    Link
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    Instruments cited in case law:





    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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