CELEX: 62008TJ0201
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)

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
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.