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Case T-510/12: Action brought on 21 November 2012 — Conrad Electronic v OHIM — Sky IP International (EuroSky)
ECLI:EU:UNKNOWN:62012TN0510
62012TN0510
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26.1.2013
EN
Official Journal of the European Union
C 26/65
(Case T-510/12)
2013/C 26/128
Language in which the application was lodged: German
Parties
Applicant: Conrad Electronic SE (Hirschau, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, J. Künzel, D. Jestaedt, M. Bergermann, J. Vogtmeier and A. Kramer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Sky IP International Ltd (Isleworth, United Kingdom)
Form of order sought
The applicant claims that the Court should:
—Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 September 2012 in Case R 1183/2011-4;
—Order the defendant to pay the costs including the costs incurred in the appeal proceedings
Pleas in law and main arguments
Applicant for a Community trade mark: the applicant
Community trade mark concerned: the word mark ‘EuroSky’ for goods in Class 9 — Community trade mark application No 4 539 896
Proprietor of the mark or sign cited in the opposition proceedings: Sky IP International Ltd
Mark or sign cited in opposition: the national and Community word and figurative mark ‘SKY’ for goods and services in Classes 9, 16, 18, 25, 28, 35, 36, 38, 41, 42, 43 and 45
Decision of the Opposition Division: the opposition was upheld
Decision of the Board of Appeal: the appeal was dismissed
Pleas in law: Infringement of Article 8(1)(b) of Regulation No 207/2009