Judgment of the General Court of 21 November 2013 – Equinix (Germany) v OHIM – Acotel (ancotel.)
(Case T-443/12) 1
(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)
Language of the case: German
Parties
Applicant: Equinix (Germany) GmbH, formerly 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: A. Poch, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Acotel SpA (Rome, Italy)
Re:
Action brought against the decision of the Fourth Board of Appeal of OHIM of 3 August 2012 (Case R 1895/2011-4) relating to opposition proceedings between Acotel SpA and ancotel GmbH, now Equinix (Germany) GmbH.
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Equinix (Germany) GmbH to pay the costs.
________________________1 OJ C 379, 8.12.2012.