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Case T-28/18: Judgment of the General Court of 19 June 2019 — Marriott Worldwide v EUIPO — AC Milan (AC MILAN) (EU trade mark — Opposition proceedings — International registration designating the European Union — Figurative mark AC MILAN — Earlier EU word marks AC and AC HOTELS BY MARRIOTT and earlier EU figurative mark AC HOTELS MARRIOTT — Relative ground for refusal — No likelihood of confusion — No similarity between the signs — Lack of enhanced distinctiveness of the mark AC — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62018TA0028
62018TA0028
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26.8.2019
Official Journal of the European Union
C 288/47
(Case T-28/18) (*)
(EU trade mark - Opposition proceedings - International registration designating the European Union - Figurative mark AC MILAN - Earlier EU word marks AC and AC HOTELS BY MARRIOTT and earlier EU figurative mark AC HOTELS MARRIOTT - Relative ground for refusal - No likelihood of confusion - No similarity between the signs - Lack of enhanced distinctiveness of the mark AC - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 288/59)
Language of the case: English
Parties
Applicant: Marriott Worldwide Corp. (Bethesda, Maryland, United States) (represented by: A. Reid, Solicitor, and S. Baran, Barrister)
Defendant: European Union Intellectual Property Office (represented: initially by E. Markakis and D. Walicka, and subsequently by E. Markakis and H. O’Neill, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Associazione Calcio Milan SpA (AC Milan) (Milan, Italy) (represented by: A. Perani and G. Ghisletti, lawyers)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 16 November 2017 (Case R 356/2017-2), relating to opposition proceedings between Marriott Worldwide and AC Milan
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Marriott Worldwide Corp. to pay the costs.
(*)
Language of the case: English
(1) OJ C 94, 12.3.2018.