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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