CELEX: 62009TJ0244
Language: en
Date: 2010-10-07 00:00:00
Title: Judgment of the General Court (Eighth Chamber) of 7 October 2010. # Accenture Global Services GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark acsensa - Earlier Community and national word and figurative marks ACCENTURE and accenture - Relative ground for refusal - No likelihood of confusion - No similarity of signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009. # Case T-244/09.

Judgment of the General Court (Eighth Chamber) of 7 October 2010 – Accenture Global Services v OHIM – Silver Creek Properties
            (acsensa)
      (Case T-244/09)
      Community trade mark – Opposition proceedings – Application for Community figurative mark acsensa – Earlier Community and national word and figurative marks ACCENTURE and accenture – Relative ground for refusal – No likelihood of confusion – No similarity of signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) – Duty to state reasons – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009)
      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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 19, 26)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 20 March 2009 (Case R 802/2008-2), relating to
                  opposition proceedings between Accenture Global Services GmbH and Silver Creek Properties SA.
               
            Information relating to the case 
      
               Applicant for the Community trade mark:
            
            
               Silver Creek Properties SA
            
         
               Community trade mark sought:
            
            
               Figurative mark acsensa for goods and services in Classes 9, 35, 36, 38, 41 and 42
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               Accenture Global Services GmbH 
            
         
               Mark or sign cited in opposition:
            
            
               German trade mark registration for the word mark ACCENTURE for goods and services in Classes 9, 16, 35 to 37, 41 and 42; German
                  trade mark registration of the figurative mark accenture for goods and services in Classes 9, 16, 35 to 37, 41 and 42; Community
                  trade mark registration of the word mark ACCENTURE for goods and services in Classes 9, 16, 35 to 37, 41 and 42; Community
                  trade mark registration of the figurative mark accenture for goods and services in Classes 9, 16, 35 to 37, 41 and 42
               
            
         
               Decision of the Opposition Division:
            
            
               Opposition dismissed in its entirety
            
         
               Decision of the Board of Appeal:
            
            
               Appeal dismissed
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Accenture Global Services GmbH to pay the costs.