Judgment of the General Court of 7 October 2010 - Accenture Global Services v OHIM - Silver Creek Properties (ascensa)
(Community trade mark - Opposition proceedings - Application for Community figurative mark acsensa - Earlier Community and national word and figurative marks ACCENTURE and accenture - Relative ground for refusal - No likelihood of confusion - No similarity of signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009) - Obligation to state reasons - Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: Accenture Global Services GmbH (Schaffhausen, Switzerland) (represented by: R. Niebel, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño, Agent)
Other party to the proceedings before the Board of Appeal of OHIM: Silver Creek Properties SA (Panama, Panama)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 20 March 2009 (Case R 802/2008-2), relating to opposition proceedings between Accenture Global Services GmbH and Silver Creek Properties SA
Operative part of the judgment
The Court:
1. Dismisses the action;
2. Orders Accenture Global Services GmbH to pay the costs.
____________1 - OJ C 193, 15.8.2009.