Market Watch Franchise & Consulting Inc v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) T-201/08, [2010] All ER (D) 135 (Sep)
Court of Justice of the European Union (Third Chamber) Judges Azizi (President), Cremona and Nielson (Rapporteur) 28 Sept 2010
A trade mark is not to be registered if because of its identity with or similarity to an earlier trade mark and the identity or similarity of the goods or services covered by the trade marks there exists a likelihood of confusion on the part of the public in the territory in which the earlier trade mark was protected.
In November 2004, the applicant filed an application for registration of a community trade mark with the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) under Council Regulation (EC) 40/94 (on the Community trade mark). The mark for which registration was sought was the word mark SEROSLIM. The intervener filed a notice of opposition in September 2005 to registration of the mark in question pursuant to Art 42 of the Regulation based on the earlier community
