Source: EURLEX
Language: en
Format: md

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| 23.3.2020 | EN | Official Journal of the European Union | C 95/28 |

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Judgment of the General Court of 5 February 2020 — Globalia Corporación Empresarial v EUIPO — Touring Club Italiano (TC Touring Club)

(Case T-44/19) [(1)](#ntr1-C_2020095EN.01002801-E0001)

(EU trade mark - Opposition proceedings - Application for the EU figurative mark TC Touring Club - Earlier EU word mark TOURING CLUB ITALIANO - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001 - Genuine use of the earlier mark - Article 47(2) of Regulation 2017/1001 - Additional evidence that was submitted for the first time before the Board of Appeal - Article 95(2) of Regulation 2017/1001 - Cross-claim)

(2020/C 95/34)

Language of the case: English

Parties

Applicant: Globalia Corporación Empresarial, SA (Llucmajor, Spain) (represented by: A. Gómez López, lawyer)

Defendant: European Union Intellectual Property Office (represented by: A. Kusturovic, J.F. Crespo Carrillo and H. O’Neill, acting as Agents)

Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Touring Club Italiano (Milan, Italy) (represented by: G. Guglielmetti, lawyer)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 9 November 2018 (Case R 448/2018-4), relating to opposition proceedings between Touring Club Italiano and Globalia Corporación Empresarial.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Dismisses the cross-claim as inadmissible; |

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| 3. | With regard to the main action, orders Globalia Corporación Empresarial, SA, to pay the costs, including those incurred by Touring Club Italiano for the purposes of the proceedings before the Board of Appeal; |

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| 4. | With regard to the cross-claim, orders Touring Club Italiano to bear its own costs and to pay the costs incurred by Globalia Corporación Empresarial and by EUIPO. |

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