Source: EURLEX
Language: en
Format: md

**Judgment of the General Court (Third Chamber) of 24 May 2011 – ancotel v OHIM – Acotel (ancotel.)**

**(Case T-408/09)**

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

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 – Assessment of the likelihood of confusion – Determination of the relevant public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 37-39)

**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. |

**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. |

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