Action brought on 23 January 2019 — Globalia Corporación Empresarial v EUIPO — Touring Club Italiano (TC Touring Club)

(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.