CELEX: 62008TJ0201
Language: en
Date: 2010-09-28
Title: 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.

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.