Judgment — ECLI:EU:T:2010:408
Date: 2010-09-28
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded

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.