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Case T-736/15: Action brought on 17 December 2015 — Aldi v OHIM — Sky (SKYLITE)
ECLI:EU:UNKNOWN:62015TN0736
62015TN0736
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Official Journal of the European Union
C 90/20
(Case T-736/15)
(2016/C 090/28)
Language in which the application was lodged: German
Parties
Applicant: Aldi GmbH & Co. KG (Mülheim an der Ruhr, Germany) (represented by: N. Lützenrath, U. Rademacher, C. Fürsen and N. Bertram, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Sky plc (Isleworth, United Kingdom)
Details of the proceedings before OHIM
Applicant for the trade mark at issue: Aldi GmbH & Co. KG
Trade mark at issue: Community figurative mark containing the word element ‘SKYLITE’ — Application for registration No 11 595 311
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fourth Board of Appeal of OHIM of 20 October 2015 in Case R 2771/2014-4
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order the defendant to pay the costs.
Pleas in law
—Infringement of Article 15 of Regulation No 207/2009;
—Infringement of Article 42(2) and (3) of Regulation No 207/2009;
—Infringement of Article 8(1)(b) of Regulation No 207/2009.