Skyleader a.s. v European Union Intellectual Property Office

European Union – Trade marks. Where no proof of use of the mark concerned had been submitted within the time limit set by the European Union Intellectual Property Office, such as in r 40(5) of Commission Regulation (EC) No 2898/95, the opposition should automatically be rejected by EUIPO and EUIPO's discretion in s 76(2) of Council Regulation (EC) No 207/2009 did not apply. Consequently, the Court of Justice of the European Union held that EUIPO's Fourth Board of Appeal had correctly dismissed the appeal by Skyleader a.s. in revocation proceedings brought by Sky International AG in relation to Skyleader's registration of the figurative mark 'SKYLEADER'. The necessary proof that the mark had not been put to genuine use for an uninterrupted five-year period had not been provided by Skyleader within the required time-limit set out in r 40(5).

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