Action brought on 28 March 2013 - Skype/OHIM - British Sky Broadcasting and Sky IP International (SKYPE)

(Case T-183/13)

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 2398/2010-4;

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 3 660 065 for services in class 38

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 and 41 − Community trade mark application No 3 203 411

Decision of the Opposition Division: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009.

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