CELEX: 62009TJ0408
Language: en
Date: 2011-05-24
Title: Judgment of the General Court (Third Chamber) of 24 May 2011. # ancotel GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # 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. # Case T-408/09.

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.