CELEX: 62009TN0408
Language: en
Date: 2009-10-08 00:00:00
Title: Case T-408/09: Action brought on 8 October 2009 — ancotel v OHIM — Acotel (ancotel)

19.12.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 312/33
            
         Action brought on 8 October 2009 — ancotel v OHIM — Acotel (ancotel)
   (Case T-408/09)
   2009/C 312/55
   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 of OHIM: Acotel SpA (Rome, Italy)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 19 June 2009 in Case R 1385/2008 1;
            
         
               —
            
            
               Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: ancotel
   
      Community trade mark concerned: the figurative mark ‘ancotel’ for services in Classes 35 and 38 (Application No 3 314 424)
   
      Proprietor of the mark or sign cited in the opposition proceedings: Acotel SpA
   
      Mark or sign cited in opposition: in particular the Italian figurative mark No 643 751 and the Community figurative mark No 1 442 268‘ACOTEL’ for goods and services in Classes 9 and 38
   
      Decision of the Opposition Division: Opposition upheld in part
   
      Decision of the Board of Appeal: Appeal dismissed
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009 (1), since there is no likelihood of confusion between the trade marks at issue
   
      (1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).