Source: EURLEX
Language: en
Format: md

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| 25.11.2019 | EN | Official Journal of the European Union | C 399/75 |

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Action brought on 16 September 2019 – Ace of spades v EUIPO – Krupp and Borrmann (Shape of Champagne Grande reserve bottle)

(Case T-621/19)

(2019/C 399/93)

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:

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| — | upheld the present Appeal; |

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| — | 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; |

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| — | order the defendant (and intervener, if he enters an appearance in proceedings) to pay the costs. |

Pleas in law

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| — | Infringement of Article 8(1) (b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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| — | Infringement of Article 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |

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