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Case T-246/23: Action brought on 8 May 2023 — Sky v EUIPO — Skyworks Solutions (SKYWORKS Sky5)

ECLI:EU:UNKNOWN:62023TN0246

62023TN0246

May 8, 2023
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EN

Official Journal of the European Union

C 235/62

(Case T-246/23)

(2023/C 235/75)

Language in which the application was lodged: English

Parties

Applicant: Sky Ltd (Isleworth, United Kingdom) (represented by: A. Zalewska-Orabona, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Skyworks Solutions, Inc. (Wilmington, Delaware, United States)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union word mark SKYWORKS Sky5 — Application for registration No 17 936 585

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 11 February 2023 in Case R 2461/2020-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order EUIPO and, in case it joins the proceedings, the intervener to bear the costs incurred by the applicant.

Pleas in law

Infringement of Article 8(1)(b), 8(5), 8(2)(c) and 8(4) in conjunction with Article 46(1)(a) and (c) and Article 8(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council insofar as the Board of Appeal found that the earlier UK rights no longer constitute a valid base in inter partes proceedings before the EUIPO;

Infringement of Article 8(1)(b) and 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council to the extent that the Board of Appeal found that evidence of use, enhanced distinctiveness and/or reputation of the earlier EU marks must be excluded from the opposition proceedings insofar as such evidence related to the UK territory.

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