Source: EURLEX
Language: en
Format: md

**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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