Action brought on 21 November 2012 - Conrad Electronic v OHIM - Sky IP International (EuroSky)

(Case T-510/12)

Language in which the application was lodged: German

Parties

Applicant: Conrad Electronic SE (Hirschau, Germany) (represented by: P. Mes, C. Graf von der Groeben, G. Rother, J. Bühling, J. Künzel, D. Jestaedt, M. Bergermann, J. Vogtmeier and A. Kramer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

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

Form of order sought

The applicant claims that the Court should:

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 September 2012 in Case R 1183/2011-4;

Order the defendant to pay the costs including the costs incurred in the appeal proceedings

Pleas in law and main arguments

Applicant for a Community trade mark: the applicant

Community trade mark concerned: the word mark 'EuroSky' for goods in Class 9 - Community trade mark application No 4 539 896

Proprietor of the mark or sign cited in the opposition proceedings: Sky IP International Ltd

Mark or sign cited in opposition: the national and Community word and figurative mark 'SKY' for goods and services in Classes 9, 16, 18, 25, 28, 35, 36, 38, 41, 42, 43 and 45

Decision of the Opposition Division: the opposition was upheld

Decision of the Board of Appeal: the appeal was dismissed

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

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