Order of the Court (Fifth Chamber) of 29 June 2011 – adp Gauselmann v OHIM
(Case C-532/10 P)
Appeal – Community trade mark – Regulation (EC) No 40/94 – Article 8(1)(b) – Likelihood of confusion – Figurative mark Archer Maclean’s Mercury – Opposition by the proprietor of the national word mark Merkur
Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment of the evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 31)
Re:
| Appeal against the judgment of the General Court (Seventh Chamber) of 9 September 2010 in Case T-106/09 | adp Gauselmann | v | OHIM | by which that court dismissed an action for annulment brought by the proprietor of the national word mark ‘Merkur’ for goods in Classes 6, 9, 28, 35, 37, 41 and 42 against the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 12 January 2009 in Case R 1266/2007-1 dismissing the appeal against the Opposition Division’s decision, which rejected the opposition brought by the appellant against the registration of the figurative mark ‘Archer Maclean’s Mercury’ in respect of goods in Classes 9, 16 and 28 – Infringement of Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Likelihood of confusion – Criteria for assessment. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| adp Gauselmann GmbH is ordered to pay the costs. |