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Case T-244/09: Action brought on 22 June 2009 — Accenture Global Services v OHIM — Silver Creek Properties (acsensa)
ECLI:EU:UNKNOWN:62009TN0244
62009TN0244
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Valentina R., lawyer
15.8.2009
Official Journal of the European Union
C 193/29
(Case T-244/09)
2009/C 193/46
Language in which the application was lodged: English
Parties
Applicant: 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.