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Case T-837/17: Judgment of the General Court of 23 May 2019 — Negru v EUIPO — Sky (SkyPrivate) (EU trade mark — Opposition proceedings — Application for the EU figurative mark SkyPrivate — Earlier national word mark SKY — Relative ground for refusal — Likelihood of confusion — Article 8(1)(b) of Regulation (EU) 2017/1001)
ECLI:EU:UNKNOWN:62017TA0837
62017TA0837
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15.7.2019
Official Journal of the European Union
C 238/15
(Case T-837/17) (<span class="super note-tag">1</span>)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark SkyPrivate - Earlier national word mark SKY - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EU) 2017/1001)
(2019/C 238/19)
Language of the case: English
Parties
Applicant: Alexandru Negru (Iași, Romania) (represented by: initially I.-M. Iliescu, and subsequently by T. Protopopescu, lawyers)
Defendant: European Union Intellectual Property Office (represented by: J. Ivanauskas and H. O’Neill, acting as Agents,)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sky Ltd, formerly Sky plc, (Isleworth, United Kingdom) (represented by K. Saliger, Solicitor, and P. Roberts QC)
Re:
Action brought against the decision of the Second Board of Appeal of EUIPO of 12 October 2017 (Case R 349/2017-2), relating to opposition proceedings between Sky and Mr Negru.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Mr Alexandru Negru to pay the costs, including those incurred by Sky Ltd for the purposes of the proceedings before the Board of Appeal of the European Union Intellectual Property Office (EUIPO).
(<span class="note">1</span>) OJ C 72, 26.2.2018.