Judgment of the General Court (Third Chamber) of 24 May 2011 – ancotel v OHIM – Acotel (ancotel.)

(Case T-408/09)

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

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 37-39)

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.

Information relating to the case

Applicant for the Community trade mark:	ancotel GmbH
Community trade mark sought:	Figurative mark ancotel for services in Classes 35 and 38 – Application No 3314424
Proprietor of the mark or sign cited in the opposition proceedings:	Acotel SpA
Mark or sign cited in opposition:	In particular, Italian figurative mark No 643751 and Community figurative mark No 1442268 ACOTEL for goods and services in Classes 9 and 38
Decision of the Opposition Division:	Opposition partially upheld
Decision of the Board of Appeal:	Appeal dismissed

Operative part

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.