The Court of the European Union rejected an appeal lodged by AC Milan in June 2020, confirming that the brand representing the Rossoneri club's crest cannot be registered at an international level as it is already in use in Germany, registered for products of stationery.
In February 2017, the Italian football club AC Milan filed an application for international registration designating the European Union with the European Union Intellectual Property Office (EUIPO) under the EU Trademark Regulation for the AC Milan crest sign concerning, inter alia, stationery and office supplies.
In April 2017, the German company InterES Handels- und Dienstleistungs Gesellschaft mbH & Co KG filed an opposition against the registration applied for on the basis of the German word mark MILAN, filed in 1984 and registered in 1988, designating, inter alia, and in substance, goods identical and similar to those referred to in the aforementioned application of AC Milan. The German company considers that, because of the similarity of the mark applied for with its earlier mark, registration of the former would be liable to give rise to a likelihood of confusion on the part of the German public.
By decision of 14 February 2020, EUIPO upheld the opposition in its entirety. AC Milan brought an action against EUIPO’s decision before the General Court of the European Union. In today’s judgment, the General Court dismisses the action in its entirety.
source: curia.europa.eu
