Action brought on 8 October 2009 - ancotel v OHIM - Acotel (ancotel)
(Case T -408/09)
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 of OHIM: Acotel SpA (Rome, Italy)
Form of order sought
- Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market of 19 June 2009 in Case R 1385/2008 1;
- Order the Office for Harmonisation in the Internal Market (Trade Marks and Designs) to pay the costs of the proceedings.
Pleas in law and main arguments
Applicant for a Community trade mark: ancotel
Community trade mark concerned: the figurative mark "ancotel" for services in Classes 35 and 38 (Application No 3 314 424)
Proprietor of the mark or sign cited in the opposition proceedings: Acotel SpA
Mark or sign cited in opposition: in particular the Italian figurative mark No 643 751 and the Community figurative mark No 1 442 268 "ACOTEL" for goods and services in Classes 9 and 38
Decision of the Opposition Division: Opposition upheld in part
Decision of the Board of Appeal: Appeal dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation (EC) No 207/2009
1, since there is no likelihood of confusion between the trade marks at issue
____________1 - Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).