CELEX: 62009TJ0408
Community trade mark
Opposition proceedings
Application for Community figurative mark ‘ancotel’
Earlier Community figurative mark ‘ACOTEL’
Relative ground for refusal
Likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 207/2009
Relevant public

ACTION brought against the decision of the First Board of Appeal of OHIM of 19 June 2009 (Case R 1385/2008-1) concerning opposition
proceedings between Acotel SpA and ancotel GmbH.
Information relating to the case
Applicant for the Community trade mark:
ancotel GmbH
Community trade mark sought:
Figurative mark ancotel for services in Classes 35 and 38 – Application No 3314424
Proprietor of the mark or sign cited in the opposition proceedings:
Acotel SpA
Mark or sign cited in opposition:
In particular, Italian figurative mark No 643751 and Community figurative mark No 1442268 ACOTEL for goods and services in
Classes 9 and 38
Decision of the Opposition Division:
Opposition partially upheld
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs)
(OHIM) of 19 June 2009 (Case R 1385/2008-1);
2.
Orders OHIM to bear its own costs and to pay those incurred by ancotel GmbH;
3.
Orders Acotel SpA to bear its own costs.