CELEX: 62009TN0244
Language: en
Date: 2009-06-22 00:00:00
Title: Case T-244/09: Action brought on 22 June 2009 — Accenture Global Services v OHIM — Silver Creek Properties (acsensa)

15.8.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 193/29
            
         Action brought on 22 June 2009 — Accenture Global Services v OHIM — Silver Creek Properties (acsensa)
   (Case T-244/09)
   2009/C 193/46
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicants: Accenture Global Services GmbH (Shaffhausen, Switzerland) (represented by: R. Niebel, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Silver Creek Properties SA (Panama, Panama)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 March 2009 in case R 802/2008-2;
            
         
               —
            
            
               Annul the decision of the Trade Marks Department of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 March 2008 in opposition No B 1019274; and
            
         
               —
            
            
               Order the other party to the proceedings before the Board of Appeal to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The other party to the proceedings before the Board of Appeal
   
      Community trade mark concerned: The figurative mark ‘acsensa’, for goods and services in classes 9, 35, 36, 38, 33, 41 and 42
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: German trade mark registration for the word mark ‘ACCENTURE’ for goods and services in classes 9, 16, 35, 36, 37, 41 and 42; German trade mark registration of the figurative mark ‘accenture’ for goods and services in classes 9, 16, 35, 36, 37, 41 and 42; Community trade mark registration of the word mark ‘ACCENTURE’ for goods and services in classes 9, 16, 35, 36, 37, 41 and 42; Community trade mark registration of the figurative mark ‘accenture’ for goods and services in classes 9, 16, 35, 36, 37, 41 and 42
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal erred in its finding that there is no likelihood of confusion between the trade marks concerned; Infringement of Articles 75 and 76 of Council Regulation 207/2009 as the Board of Appeal wrongly ignored statements of fact submitted by the applicant.