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.

____________