The AC Milan trademark (with logo) cannot be registered for stationery, the General Court ruled.

The General Court (Case T-353/20) withheld the appeal filed by the Italian football club AC Milan against the decision of the EUIPO Board of Appeal denying the registrability of a trademark, consisting of the word "AC Milan" in combination with the team's traditional logo, for stationery products. The beginning of the case dates back to 2017, when a German company, holding a trademark "Milan" since 1984, filed an opposition against AC Milan's trademark application. The Court shared all of EUIPO's arguments, pointing out that the conflicting signs are highly similar and that in the AC Milan's trademark application the word element "Milan" is more distinctive than the figurative element consisting in the coat of arms. Therefore, a high risk of confusion may exist among consumers. In other respects, the high reputation of AC Milan's trademark is irrelevant to exclude such a risk: pursuant to the existing laws, only the reputation of the earlier mark, and not that of the mark applied for, must be taken into account to this aim.

11/11/2021 | Trade Mark