Judgment — ECLI:EU:T:2013:605
Date: 2013-11-21
Language of the case: German
Court formation: Eighth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Germany

Action brought on 5 October 2012 - ancotel v OHIM - Acotel (ancotel.) (Case T-443/12) Language in which the application was lodged: German Parties Applicant: ancotel GmbH (Frankfurt am Main, Germany) (represented by: H. Truelsen, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: Acotel SpA (Rome, Italy) Form of order sought The applicant claims that the Court should: Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 August 2012 in Case R 1895/2011-4 (ex R 1385/2008-1); Order the defendant to pay the costs. Pleas in law and main arguments Applicant for a Community trade mark: the applicant Community trade mark concerned: the figurative mark, containing the word element 'ancotel', for services in Classes 35 and 38 - Community trade mark application No 3 314 424 Proprietor of the mark or sign cited in the opposition proceedings: Acotel SpA Mark or sign cited in opposition: the national and Community figurative mark, containing the word element 'ACOTEL', for goods and services in Classes 9 and 38 Decision of the Opposition Division: the opposition was upheld in part Decision of the Board of Appeal: the appeal was dismissed Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009 ____________