Action brought on 28 March 2013 - Skype/OHIM - British Sky Broadcasting and Sky IP International (SKYPE)
(Case T-184/13)
Language in which the application was lodged: English
Parties
Applicant: Skype (Dublin, Ireland) (represented by: I. Fowler, Solicitor, J. Schmitt, lawyer, and J. Mellor, QC)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other parties to the proceedings before the Board of Appeal: British Sky Broadcasting Group plc (Isleworth, United Kingdom) and Sky IP International Ltd (Isleworth)
Form of order sought
The applicant claims that the Court should:
Annul the decision of the Fourth Board of Appeal of OHIM of 30 January 2013 in Case R 121/2011-4;
Order that the costs of the proceedings be borne by the defendant.
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark "SKYPE" − Community trade mark application No 4 521 084 for products and services in classes 9, 38 and 42
Proprietor of the mark or sign cited in the opposition proceedings: The other parties to the proceedings before the Board of Appeal
Mark or sign cited in opposition: The word mark "SKY" for goods and services in classes 9, 38, 41 and 42 − Community trade mark application No 3 203 411
Decision of the Opposition Division: Upheld the opposition for all the contested goods and services
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Articles 8(1)(b) Council Regulation No 207/2009.
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