Action brought on 9 June 2015 – Market Watch v OHIM – Glaxo Group (MITOCHRON)
(Case T-312/15)
Language in which the application was lodged: English
Parties
Applicant: Market Watch Franchise & Consulting, Inc. (Freeport, Bahamas) (represented by: J. Korab, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Glaxo Group Ltd (Brentford, United Kingdom)
Details of the proceedings before OHIM
Applicant: Applicant
Trade mark at issue: Community word mark ‘MITOCHRON’ – Application for registration No 11 200 078
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Second Board of Appeal of OHIM of 20 March 2015 in Case R 507/2014-2
Form of order sought
The applicant claims that the Court should:
admit the complaint ;
annul the contested decision and dismiss in its entirety the application filed by the other party to the proceedings before the Board of Appeal;
order OHIM to pay the costs.
Plea in law
The trade marks involved in the dispute are not so similar as to be capable of being confused.
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