Judgment of the General Court (Sixth Chamber) of 29 March 2012 — Poslovni Sistem Mercator v OHIM – Mercator Multihull (MERCATOR STUDIOS)
(Case T-417/09)
Community trade mark — Opposition proceedings — Application for Community word mark MERCATOR STUDIOS — Earlier national and international figurative marks Mercator and Mercator Slovenska košarica — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — No injury to reputation — Article 8(5) of Regulation 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 207/2009, Art. 8(1)(b)) (see paras 23, 32)
Re:
ACTION brought against the decision of the First Board of Appeal of OHIM of 16 July 2009 (Case R 1031/2008-1), concerning opposition proceedings between Poslovni Sistem Mercator d.d. and Mercator Multihull, Inc.
The Court:
1.
Dismisses the action;
2.
Orders Poslovni Sistem Mercator d.d. to pay the costs.
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