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.

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.