# C_2016232EN.01002301.xml

| 27.6.2016 | EN | Official Journal of the European Union | C 232/23 |
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27.6.2016

EN

Official Journal of the European Union

C 232/23

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Action brought on 22 April 2016 – NRJ Group v EUIPO – Sky International (SKY ENERGY)

(Case T-184/16)

(2016/C 232/31)

Language in which the application was lodged: English

Parties

Parties

Applicant: NRJ Group (Boileau, France) (represented by: M. Antoine-Lalance, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: Sky International AG (Zug, Switzerland)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Applicant: Other party to the proceedings before the Board of Appeal

Applicant:

Trade mark at issue: EU word mark ‘SKY ENERGY’ – Application for registration No 9 727 322

Trade mark at issue:

Procedure before EUIPO: Opposition proceedings

Procedure before EUIPO

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 5 February 2016 in Case R 3137/2014-5

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Confirm the contested decision insofar as it allows the opposition in respect of the following goods and services:
  Class 9: Recorded radio programmes; recorded programmes for broadcasting or other transmission on radio;
  Class 38: Radio broadcasting; transmission and communication services, broadcasting and/or transmission of radio programmes; satellite; DTT, cable, DSL and broadband broadcasting and/or transmission of audio programming; transmission of audio, programming (by any means); provision of access to news, current affairs and sports information; telecommunication of information (including web pages); telecommunication and/or communication and/or broadcast and/or transmission of radio programmes;
  Class 41: Entertainment services by means of radio, presentation and distribution of radio programmes, provision of news, current affairs and sports information, news, current affairs and educational information services; distribution of radio programmes, provision of radio prorammes; |
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Confirm the contested decision insofar as it allows the opposition in respect of the following goods and services:

Class 9: Recorded radio programmes; recorded programmes for broadcasting or other transmission on radio;

Class 38: Radio broadcasting; transmission and communication services, broadcasting and/or transmission of radio programmes; satellite; DTT, cable, DSL and broadband broadcasting and/or transmission of audio programming; transmission of audio, programming (by any means); provision of access to news, current affairs and sports information; telecommunication of information (including web pages); telecommunication and/or communication and/or broadcast and/or transmission of radio programmes;

Class 41: Entertainment services by means of radio, presentation and distribution of radio programmes, provision of news, current affairs and sports information, news, current affairs and educational information services; distribution of radio programmes, provision of radio prorammes;

| — | annul the contested decision in all its other provisions; |
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annul the contested decision in all its other provisions;

| — | allow the opposition and reject the contested EU mark application for all the goods and services; |
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allow the opposition and reject the contested EU mark application for all the goods and services;

| — | order EUIPO to pay the costs. |
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order EUIPO to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
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Infringement of Article 8(1)(b) of Regulation No 207/2009.

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