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.

Judgment of the General Court (Eighth Chamber) of 7 October 2010 – Accenture Global Services v OHIM – Silver Creek Properties (acsensa) (Case T-244/09) 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) – Duty to state reasons – Article 73 of Regulation No 40/94 (now Article 75 of Regulation No 207/2009) 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 (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 19, 26) 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. Information relating to the case Applicant for the Community trade mark: Silver Creek Properties SA Community trade mark sought: Figurative mark acsensa for goods and services in Classes 9, 35, 36, 38, 41 and 42 Proprietor of the mark or sign cited in the opposition proceedings: Accenture Global Services GmbH Mark or sign cited in opposition: German trade mark registration for the word mark ACCENTURE for goods and services in Classes 9, 16, 35 to 37, 41 and 42; German trade mark registration of the figurative mark accenture for goods and services in Classes 9, 16, 35 to 37, 41 and 42; Community trade mark registration of the word mark ACCENTURE for goods and services in Classes 9, 16, 35 to 37, 41 and 42; Community trade mark registration of the figurative mark accenture for goods and services in Classes 9, 16, 35 to 37, 41 and 42 Decision of the Opposition Division: Opposition dismissed in its entirety Decision of the Board of Appeal: Appeal dismissed Operative part The Court: 1. Dismisses the action; 2. Orders Accenture Global Services GmbH to pay the costs.