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Case T-44/19: Action brought on 23 January 2019 — Globalia Corporación Empresarial v EUIPO — Touring Club Italiano (TC Touring Club)
ECLI:EU:UNKNOWN:62019TN0044
62019TN0044
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11.3.2019
EN
Official Journal of the European Union
C 93/77
(Case T-44/19)
(2019/C 93/99)
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 (EUIPO)
Other party to the proceedings before the Board of Appeal: Touring Club Italiano (Milan, Italy)
Details of the proceedings before EUIPO
Applicant of the trade mark at issue: Applicant before the General Court
Trade mark at issue: Application for European Union figurative mark TC Touring Club in colours red and light grey — Application for registration No 15 299 001
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 9 November 2018 in Case R 448/2018-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision due to infringement of Article 95(1) and (2) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council, constituting a substantial procedural error; and/or
—set aside the contested decision due to erroneous application of Article 47(2) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council and enter a finding to the effect that proof of ‘genuine’ use of the earlier trade mark is insufficient or inconclusive; and/or
—set aside the contested decision due to erroneous application of Article 8(1)(b) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council and enter a finding to the effect that there does not exists likelihood of confusion between the confronted trade marks;
—order the defendant and the intervener, if he enters an appearance in proceedings, to pay the costs.
Pleas in law
—Infringement of Article 95(1) and (2) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 47(2) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council;
—Infringement of Article 8(1)(b) of the Regulation (EU) 2017/1001 of the European Parliament and of the Council.