Milan defeated in the battle of commerce: they stop the production of tools for schools and offices

He defeated Milan in Europe in a promotion match. The name and coat of arms could not get the green light for the European brand because the production of official tools for school and office “crash” with a German company that is active in this sector. There is a risk of confusion, which is why there is no approval from the EU court to recognize the twelve-star sign.

No one questions the reputation and popularity of the Rossoneri club and the fact that its sports brand can be misunderstood. At least not at the level of sporting goods. For pens, pencils, erasers, pencil cases, notebooks and notepads, the question is different. These products are already manufactured and distributed by the German company InterES Handels- und Dienstleistungs Gesellschaft mbH & a Co KG, which sells them under the brand MILAN, registered in 1984 and registered in 1988. The Italian sports club, on the other hand, only in February 2017 advanced Apply for international registration with the European Union Intellectual Property Office (Euipo).

The Germans are rising up, believing that a possible green light could create the risk of confusion on the part of the German public. It may seem strange, but the EU court recognized the Germans’ reasons and rejected the appeal entirely, so AC Milan will not be able to obtain brand recognition for commercial purposes.

The Luxembourg courts state that in settling the dispute “only the reputation of the previous mark shall be taken into account, and not the reputation of the requested mark”. From this point of view, it is recognized that for the German public, the Milan name for stationery items is now an established fact. Moreover, while recognizing the importance of the company logo to the Italian football club, the EU court considers that the “AC Milan element” constitutes the dominant element of the claimed brand. In short, there is not much to do for Scaroni Club. Pays the law under which “first arrives best”. He had to consider registering his trademark first, and now he could try to appeal. For the time being he was defeated in Europe.

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Samantha Arnold

<p class="sign">"Web fanatic. Travel scholar. Certified music evangelist. Coffee expert. Unapologetic internet guru. Beer nerd."</p>

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