Judgment of the General Court of 9 September 2010 - adp Gauselmann v OHIM - Maclean (Archer Maclean's Mercury)
(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)
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.
____________1 - OJ C 113, 16.5.2009.