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.