29.2.2016

EN

Official Journal of the European Union

C 78/31

(Case T-773/15)

(2016/C 078/42)

Language in which the application was lodged: English

Parties

Applicant: BBY Solutions, Inc. (Minneapolis, United States) (represented by: A. Poulter, Solicitor)

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

Other party to the proceedings before the Board of Appeal: Worldwide Sales Corporation España, SL (Sant Vicenç dels Horts, Spain)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘BEST BUY’ — Application for registration No 6 065 403

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 8 October 2015 in Joined Cases R 733/2015-2 and R 780/2015-2

Form of order sought

The applicant claims that the Court should:

—annul the decision of the Board of Appeal of 8 October 2015 in Case R-0780/2015-2 to the extent that it upheld the opposition;

—annul the decision of the Opposition division dated 23 February 2015 in Opposition No. B 1312208 to the extent that it upheld the opposition;

—accept the CTM Application No 006065403 for registration;

—order the Defendant to bear its own costs and pay those of the Applicant.

Pleas in law

—The Board infringed Article 8(1)(b) of Regulation No 207/2009 by wrongly assessing the dominant and distinctive elements of the marks;

—The Board infringed Article 8(1)(b) of Regulation No 207/2009 by wrongly assessing the overall impression created by the marks;

—The Board infringed Article 8(1)(b) of Regulation No 207/2009 by wrongly assessing the identity or similarity of the goods and services covered by the marks; and

—The Board infringed Article 8(1)(b) of Regulation No 207/2009 by wrongly concluding that there was a likelihood of confusion between the Opponent’s earlier marks and the Applicant’s Mark.