CELEX: 62012TN0443
Language: en
Date: 2012-10-05 00:00:00
Title: Case T-443/12: Action brought on 5 October 2012 — ancotel v OHIM — Acotel (ancotel.)

8.12.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 379/25
            
         Action brought on 5 October 2012 — ancotel v OHIM — Acotel (ancotel.)
   (Case T-443/12)
   2012/C 379/44
   Language in which the application was lodged: 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)
   
      Other party to the proceedings before the Board of Appeal: Acotel SpA (Rome, Italy)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 3 August 2012 in Case R 1895/2011-4 (ex R 1385/2008-1);
            
         
               —
            
            
               Order the defendant to pay the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: the applicant
   
      Community trade mark concerned: the figurative mark, containing the word element ‘ancotel’, for services in Classes 35 and 38 — Community trade mark application No 3 314 424
   
      Proprietor of the mark or sign cited in the opposition proceedings: Acotel SpA
   
      Mark or sign cited in opposition: the national and Community figurative mark, containing the word element ‘ACOTEL’, for goods and services in Classes 9 and 38
   
      Decision of the Opposition Division: the opposition was upheld in part
   
      Decision of the Board of Appeal: the appeal was dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009