Action brought on 15 May 2013 – Skysoft Computersysteme/OHIM – British Sky Broadcasting and Sky IP International (SKYSOFT)

(Case T-262/13)

Language in which the application was lodged: English

Parties

Applicant: Skysoft Computersysteme GmbH (Kleinmachnow, Germany) (represented by: P. Ehrlinger and T. Hagen, lawyers)

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 and Sky IP International Ltd (Isleworth, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Set aside the contested decision of the Fourth Board of Appeal of OHIM of 20 March 2013, as it dismissed the appeal of the plaintiff against the decision of the OHIM Opposition Division of 30 September 2011 and did not reject the opposition of the intervening party;

Order the intervening party to pay the costs of the proceedings including the costs incurred during the course of the appeal proceedings.

Request the defendant to produce the annexes submitted by the intervening party and the plaintiff within the framework of the opposition proceedings.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The word mark “SKYSOFT” − Community trade mark application No 4 782 645 for products and services in classes 9, 35, 37, 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, 16, 18, 25, 28, 35, 38, 41 and 42

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.