(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:

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.