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Case T-184/16: Action brought on 22 April 2016 – NRJ Group v EUIPO – Sky International (SKY ENERGY)
ECLI:EU:UNKNOWN:62016TN0184
62016TN0184
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27.6.2016
Official Journal of the European Union
C 232/23
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(Case T-184/16)
(2016/C 232/31)
Language in which the application was lodged: English
Parties
Applicant: NRJ Group (Boileau, France) (represented by: M. Antoine-Lalance, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Sky International AG (Zug, Switzerland)
Details of the proceedings before EUIPO
Applicant: Other party to the proceedings before the Board of Appeal
Trade mark at issue: EU word mark ‘SKY ENERGY’ – Application for registration No 9 727 322
Procedure before EUIPO: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 5 February 2016 in Case R 3137/2014-5
Form of order sought
The applicant claims that the Court should:
—Confirm the contested decision insofar as it allows the opposition in respect of the following goods and services:
Class 9: Recorded radio programmes; recorded programmes for broadcasting or other transmission on radio;
Class 38: Radio broadcasting; transmission and communication services, broadcasting and/or transmission of radio programmes; satellite; DTT, cable, DSL and broadband broadcasting and/or transmission of audio programming; transmission of audio, programming (by any means); provision of access to news, current affairs and sports information; telecommunication of information (including web pages); telecommunication and/or communication and/or broadcast and/or transmission of radio programmes;
Class 41: Entertainment services by means of radio, presentation and distribution of radio programmes, provision of news, current affairs and sports information, news, current affairs and educational information services; distribution of radio programmes, provision of radio programmes;
—annul the contested decision in all its other provisions;
—allow the opposition and reject the contested EU mark application for all the goods and services;
—order EUIPO to pay the costs.
Plea in law
—Infringement of Article 8(1)(b) of Regulation No 207/2009.
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