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Case T-408/09: Action brought on 8 October 2009 — ancotel v OHIM — Acotel (ancotel)
ECLI:EU:UNKNOWN:62009TN0408
62009TN0408
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Valentina R., lawyer
19.12.2009
EN
Official Journal of the European Union
C 312/33
(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
Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).