CELEX: 62009TJ0106
Language: en
Date: 2010-09-09 00:00:00
Title: Judgment of the General Court (Seventh Chamber) of 9 September 2010. # adp Gauselmann GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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). # Case T-106/09.

Judgment of the General Court (Seventh Chamber) of 9 September 2010 – adp Gauselmann v OHIM – Maclean (Archer Maclean’s Mercury)
      (Case T-106/09)
      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)
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 20, 39-40)
      
      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.
               
            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.