CELEX: 62009TA0408
Language: en
Date: 2011-05-24 00:00:00
Title: Case T-408/09: Judgment of the General Court of 24 May 2011 — ancotel v OHIM — Acotel (ancotel.) (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)

9.7.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 204/21
            
         Judgment of the General Court of 24 May 2011 — ancotel v OHIM — Acotel (ancotel.)
   (Case T-408/09) (1)
   
   (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:
   
               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.
            
         
      (1)  OJ C 312, 19.12.2009.