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Case T-620/19: Judgment of the General Court of 9 December 2020 — Ace of spades v EUIPO — Krupp and Borrmann (JC JEAN CALL Champagne ROSÉ) (EU trade mark — Opposition proceedings — Application for the three-dimensional EU trade mark JC JEAN CALL Champagne ROSÉ — Earlier three-dimensional EU trade marks — Relative grounds for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) — No damage to reputation — Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001))
ECLI:EU:UNKNOWN:62019TA0620
62019TA0620
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Official Journal of the European Union
C 35/44
(Case T-620/19) (*)
(EU trade mark - Opposition proceedings - Application for the three-dimensional EU trade mark JC JEAN CALL Champagne ROSÉ - Earlier three-dimensional EU trade marks - Relative grounds for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001) - No damage to reputation - Article 8(5) of Regulation No 207/2009 (now Article 8(5) of Regulation 2017/1001))
(2021/C 35/57)
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 (represented by: A. Folliard-Monguiral, acting as Agent)
Other parties to the proceedings before the Board of Appeal of EUIPO: Gerhard Ernst Krupp (Munich, Germany), Elmar Borrmann (Reith, Austria)
Re:
Action brought against the decision of the Fifth Board of Appeal of EUIPO of 26 June 2019 (Case R 1/2019-5), relating to opposition proceedings between Ace of spades Holdings and Messrs Krupp and Borrmann.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 26 June 2019 (Case R 1/2019-5) in so far as it dismissed the appeal brought by Ace of spades Holdings LLC and rejected the opposition based on Article 8(1)(b) of Regulation No 207/2009;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
*
(*) Language of the case: English.
(1) OJ C 399, 25.11.2019.