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Case T-15/20: Judgment of the General Court of 30 June 2021 — Skyliners v EUIPO — Sky (SKYLINERS) (EU trade mark — Opposition proceedings — Application for EU word mark SKYLINERS — Earlier EU word marks SKY — Relative ground for refusal — Article 8(1)(b) and Article 41(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 46(1)(a) of Regulation (EU) 2017/1001) — Entitlement to file the opposition)
ECLI:EU:UNKNOWN:62020TA0015
62020TA0015
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16.8.2021
Official Journal of the European Union
C 329/21
(Case T-15/20) (<span class="oj-super oj-note-tag">1</span>)
(EU trade mark - Opposition proceedings - Application for EU word mark SKYLINERS - Earlier EU word marks SKY - Relative ground for refusal - Article 8(1)(b) and Article 41(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 46(1)(a) of Regulation (EU) 2017/1001) - Entitlement to file the opposition)
(2021/C 329/26)
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 (represented by: A. Folliard-Monguiral and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Sky Ltd (Isleworth, United Kingdom) (represented by: A. Zalewska, lawyer, and A. Brackenbury, Solicitor)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 October 2019 (Case R 798/2018-4) relating to opposition proceedings between Sky and Skyliners.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 October 2019 (Case R 798/2018-4);
2.Orders EUIPO and Sky Ltd to bear their own costs and, in addition, to pay jointly those incurred by Skyliners GmbH.
(<span class="oj-super">1</span>) OJ C 61, 24.2.2020.