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Case T-620/19: Action brought on 16 September 2019 – Ace of spades v EUIPO – Krupp and Borrmann (Shape of Champagne rosé bottle)

ECLI:EU:UNKNOWN:62019TN0620

62019TN0620

September 16, 2019
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25.11.2019

EN

Official Journal of the European Union

C 399/74

(Case T-620/19)

(2019/C 399/92)

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 rosé bottle) – Application for registration No 16 252 629

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 26 June 2019 in Case R 1/2019-5

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.

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