Judgment of the General Court (Sixth Chamber) of 16 May 2019

KID-Systeme GmbH v European Union Intellectual Property Office

EU trade mark — Opposition proceedings — Application for EU word mark SKYFi — Earlier national and EU word marks SKY — Relative ground for refusal — Likelihood of confusion — Similarity of signs — Identity of goods and services — Article 8(1)(b) of Regulation (EU) 2017/1001 — Obligation to state reasons — Article 94 of Regulation 2017/1001 — Genuine use of the earlier mark — Article 47(2) and (3) of Regulation 2017/1001 — Suspension of the administrative procedure — Rule 20(7)(c) of Regulation (EC) No 2868/95 (now Article 71(1) of Delegated Regulation (EU) 2018/625) — Misuse of powers — Right to a fair trial — Article 47 of the Charter of Fundamental Rights — Oral proceedings before the Board of Appeal — Article 96 of Regulation 2017/1001

Case T-354/18

Reports of Cases

published in the electronic Reports of Cases (Court Reports - general - 'Information on unpublished decisions' section)

(Contested decision: R 106/2017-4)

• (Appeal Case before the Court of Justice C-577/19 P)