CELEX: 62009TJ0106
Community trade mark
Opposition proceedings
Application for the Community figurative mark Archer Maclean’s Mercury
Earlier national word mark Merkur
Relative ground for refusal
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the First Board of Appeal of OHIM of 12 January 2009 (Case R 1266/2007-1), relating
to opposition proceedings between adp Gauselmann GmbH and Archer Maclean.
Information relating to the case
Applicant for the Community trade mark:
Archer Maclean
Community trade mark sought:
Figurative mark Archer Maclean’s Mercury, for goods in Classes 9, 16 and 28 – Application No 4290227
Proprietor of the mark or sign cited in the opposition proceedings:
adp Gauselmann GmbH
Mark or sign cited in opposition:
German trade mark registration of the word mark Merkur for goods and services in Classes 6, 9, 28, 35, 37, 41 and 42
Decision of the Opposition Division:
Opposition dismissed
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders adp Gauselmann GmbH to pay the costs.