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Case T-15/20: Action brought on 10 January 2020 – Skyliners v EUIPO – Sky (SKYLINERS)

ECLI:EU:UNKNOWN:62020TN0015

62020TN0015

January 10, 2020
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24.2.2020

EN

Official Journal of the European Union

C 61/60

(Case T-15/20)

(2020/C 61/76)

Language of the case: English

Parties

Applicant: Skyliners GmbH (Frankfurt am Main, Germany) (represented by: A. Renck and C. Stöber, lawyers)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Sky Ltd (Isleworth, United Kingdom)

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 word mark SKYLINERS – Application for registration No 14 570 915

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 29 October 2019 in Case R 798/2018-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision;

order the EUIPO and, in the event that the Other Party before the Board of Appeal joins the proceedings, the Intervener to pay the costs.

Pleas in law

Infringement of Article 46(1)(a) of Regulation (EU) 2017/1001 of the European Parliament and of the Council and of Rules 19(2) and 15(2)(h)(iii) of Regulation (EC) 2868/95 of the Commission;

Infringement of Rule 50(1) third subparagraph of Regulation (EC) 2868/95 of the Commission and Article 95(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

Infringement of Article 95(2) in conjunction with Article 94(1) first sentence of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

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