Source: EURLEX
Language: en
Format: md

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| 9.7.2011 | EN | Official Journal of the European Union | C 204/21 |

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Judgment of the General Court of 24 May 2011 — ancotel v OHIM — Acotel (ancotel.)

(Case T-408/09)[(1)](#ntr1-C_2011204EN.01002102-E0001)

(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)

2011/C 204/37

Language of the case: 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) (represented by: S. Schäffner, Agent)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Acotel SpA (Rome, Italy) (represented initially by D. De Simone and D. Demarinis, lawyers, and subsequently by D. De Simone, D. Demarinis and J. Wrede, lawyers)

Re:

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.

Operative part of the judgment

The Court:

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| 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); |

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| 2. | Orders OHIM to bear its own costs and to pay those incurred by ancotel GmbH; |

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| 3. | Orders Acotel SpA to bear its own costs. |

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