Source: EURLEX
Language: en
Format: md

|  |  |  |  |
| --- | --- | --- | --- |
| 23.10.2010 | EN | Official Journal of the European Union | C 288/39 |

---

Judgment of the General Court of 9 September 2010 — adp Gauselmann v OHIM — Maclean (Archer Maclean’s Mercury)

(Case T-106/09) [(1)](#ntr1-C_2010288EN.01003901-E0001)

(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)

(2010/C 288/74)

Language of the case: English

Parties

Applicant: adp Gauselmann GmbH (Espelkamp, Germany) (represented by: P. Koch Moreno, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Archer Maclean (Banbury, Oxfordshire, United Kingdom)

Re:

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

Operative part of the judgment

The Court:

|  |  |
| --- | --- |
| 1. | Dismisses the action; |

|  |  |
| --- | --- |
| 2. | Orders adp Gauselmann GmbH to pay the costs. |

---

---

[Top](#document1)