4.4.2016

EN

Official Journal of the European Union

C 118/37

(Case T-72/16)

(2016/C 118/43)

Language in which the application was lodged: English

Parties

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

Defendant: European Union Intellectual Property Office (EUIPO)

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 EUIPO

Applicant of the trade mark at issue: Applicant

Trade mark at issue: EU figurative mark containing the word elements ‘BEST BUY mobile’ — Application for registration No 7 213 424

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of EUIPO of 1 December 2015 in Case R 53/2015-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—annul the decision of the Opposition division dated 6 November 2014 in Opposition No. B 1485137;

—accept for registration the CTM Application No 007213424;

—order EUIPO to pay its own costs and 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 of the 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 mark and the Applicant’s Mark.