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Case T-354/18: Judgment of the General Court of 16 May 2019 — KID-Systeme v EUIPO — Sky (SKYFi) (EU trade mark — Opposition proceedings — Application for EU word mark SKYFi — Earlier national and EU word marks SKY — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Identity of goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94 of Regulation 2017/1001 — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation 2017/1001 — Suspension of the administrative procedure — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Misuse of powers — Right to a fair trial — Article 47 of the Charter of Fundamental Rights — Oral proceedings before the Board of Appeal — Article 96 of Regulation 2017/1001)
ECLI:EU:UNKNOWN:62018TA0354
62018TA0354
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Official Journal of the European Union
C 230/43
(Case T-354/18) (*)
(EU trade mark - Opposition proceedings - Application for EU word mark SKYFi - Earlier national and EU word marks SKY - Relative ground for refusal - Likelihood of confusion - Similarity of signs - Identity of goods and services - Article 8(1)(b) of Regulation (EU) 2017/1001 - Obligation to state reasons - Article 94 of Regulation 2017/1001 - Genuine use of the earlier mark - Article 47(2) and (3) of Regulation 2017/1001 - Suspension of the administrative procedure - Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) - Misuse of powers - Right to a fair trial - Article 47 of the Charter of Fundamental Rights - Oral proceedings before the Board of Appeal - Article 96 of Regulation 2017/1001)
(2019/C 230/53)
Language of the case: English
Parties
Applicant: KID-Systeme GmbH (Buxtehude, Germany) (represented by: R. Kunze, G. Würtenberger and T. Wittmann, lawyers)
Defendant: European Union Intellectual Property Office (represented by: E. Markakis and H. O’Neill, Agents)
Other parties to the proceedings before the Board of Appeal of EUIPO: Sky Ltd, formerly Sky plc (Isleworth, United Kingdom) (represented by: K. Saliger, Solicitor, and P. Roberts QC)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 March 2018 (Case R 106/2017-4) relating to opposition proceedings between Sky and KID-Systeme.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders KID-Systeme GmbH to pay the costs of the present proceedings.
(*)
Language of the case: English.
ECLI:EU:C:2019:140