Judgment;Information — ECLI:EU:T:2020:595
Date: 2020-12-09
Language of the case: English
Court formation: Fifth Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded;Action for annulment - successful

Action brought on 16 September 2019 – Ace of spades v EUIPO – Krupp and Borrmann (Shape of Champagne Grande reserve bottle) (Case T-621/19) Language of the case: English Parties Applicant: Ace of spades Holdings LLC (New York, New York, United States) (represented by: A. Gómez López, lawyer) Defendant: European Union Intellectual Property Office (EUIPO) Other parties to the proceedings before the Board of Appeal: Gerhard Ernst Krupp (Munich, Germany) and Elmar Borrmann (Reith, Austria) Details of the proceedings before EUIPO Applicants of the trade mark at issue: Other parties to the proceedings before the Board of Appeal Trade mark at issue: Application for European Union tridimensional mark (Shape of Champagne Grande reserve bottle) – Application for registration No 16 252 637 Procedure before EUIPO: Opposition proceedings Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 20 June 2019 in Case R 2/2019-5 Form of order sought The applicant claims that the Court should: upheld the present Appeal ; annul the contested decision, and/or set aside the contested decision due to erroneous application of Articles 8(1) (b) EUTMR and 8(5) EUTMR and enter a finding to the effect that there does exist likelihood of confusion between the confronted trademarks ; order the defendant (and intervener, if he enters an appearance in proceedings) to pay the costs. Pleas in law Infringement of Article 8(1) (b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. ____________