C_2021028EN.01006302.xml

Action brought on 1st December 2020 — Skyworks Solutions v EUIPO — Sky (Sky5)

(Case T-707/20)

(2021/C 28/94)

Language of the case: English

Parties

Applicant: Skyworks Solutions, Inc. (Wilmington, Delaware, United States) (represented by: A. Muir Wood, Barrister)

Defendant: European Union Intellectual Property Office (EUIPO)

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

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union word mark Sky5 — Application for registration No 17 837 221

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 30 September 2020 in Case R 229/2020-4

Form of order sought

The applicant claims that the Court should:

—	annul the contested decision;

—	reject the objections to registration of the contested mark in their entirety;

—	order EUIPO to pay the costs incurred by the applicant in connection with this appeal.

Pleas in law

—	The Board f of Appeal failed to consider the appeal properly or at all;

—	The Board of Appeal was wrong to conclude that a likelihood of confusion would arise in respect of the class 40 services;

—	The Board of Appeal breached the rules of natural justice by reaching its decision on bases other than those argued before it;

—	The Board of Appeal was wrong to conclude that the Licence demonstrated that the Opponent was entitled to bring oppositions in reliance on the European Union trade mark;

—

The opposition will be devoid of purpose, insofar as it is based on the United Kingdom trade mark, at the end of the transition period, i.e. from 1 January 2021, when references to Member States in the Regulation (EU) 2017/1001 of the European Parliament and of the Council will no longer refer to the United Kingdom.