25.1.2021

EN

Official Journal of the European Union

C 28/63

(Case T-707/20)

(2021/C 28/94)

Language of the case: English

Parties

Applicant: Skyworks Solutions, Inc. (Wilmington, Delaware, United States) (represented by: A. Muir Wood, Barrister)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Sky Ltd (Isleworth, United Kingdom)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark Sky5 — Application for registration No 17 837 221

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 30 September 2020 in Case R 229/2020-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—reject the objections to registration of the contested mark in their entirety;

—order EUIPO to pay the costs incurred by the applicant in connection with this appeal.

Pleas in law

—The Board of Appeal failed to consider the appeal properly or at all;

—The Board of Appeal was wrong to conclude that a likelihood of confusion would arise in respect of the class 40 services;

—The Board of Appeal breached the rules of natural justice by reaching its decision on bases other than those argued before it;

—The Board of Appeal was wrong to conclude that the Licence demonstrated that the Opponent was entitled to bring oppositions in reliance on the European Union trade mark;

—The opposition will be devoid of purpose, insofar as it is based on the United Kingdom trade mark, at the end of the transition period, i.e. from 1 January 2021, when references to Member States in the Regulation (EU) 2017/1001 of the European Parliament and of the Council will no longer refer to the United Kingdom.