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Case T-408/09: Judgment of the General Court of 24 May 2011 — ancotel v OHIM — Acotel (ancotel.) (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)
ECLI:EU:UNKNOWN:62009TA0408
62009TA0408
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Official Journal of the European Union
C 204/21
(Case T-408/09)(<span class="super">1</span>)
(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)
2011/C 204/37
Language of the case: 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) (represented by: S. Schäffner, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Acotel SpA (Rome, Italy) (represented initially by D. De Simone and D. Demarinis, lawyers, and subsequently by D. De Simone, D. Demarinis and J. Wrede, lawyers)
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.
Operative part of the judgment
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.
(<span class="super">1</span>) OJ C 312, 19.12.2009.