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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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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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