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07 October 2010
Issue: 7436 / Categories: Case law , Law reports
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European Union—Trade marks—Community trade mark

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

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Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
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