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Case T-443/12: Action brought on 5 October 2012 — ancotel v OHIM — Acotel (ancotel.)
ECLI:EU:UNKNOWN:62012TN0443
62012TN0443
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8.12.2012
EN
Official Journal of the European Union
C 379/25
(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