Official Journal of the European Union

C 38/71

(Case T-700/15)

(2016/C 038/96)

Language in which the application was lodged: English

Parties

Applicant: Volfas Engelman AB (Kaunas, Lithuania) (represented by: P. Olson, lawyer)

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

Other party to the proceedings before the Board of Appeal: Rauch Fruchtsäfte GmbH (Rankweil, Austria)

Details of the proceedings before OHIM

Applicant: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘BRAVORO PINTA’ — Application for registration No 10 725 381

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 17 September 2015 in Case R 1649/2014-2

Form of order sought

The applicant claims that the Court should:

—annul the contested decision and allow registration of the CTM 1072538 and;

—order OHIM to bear the costs.

Plea in law

—The Board of Appeal erred in identifying the relevant public;

—The Board of Appeal erred in holding that the relevant public will display an average level of attention;

—The Board of Appeal erred by ignoring the significant visual elements of the applied for mark;

—The Board of Appeal erred by finding phonetic similarity between the marks;

—The Board of Appeal erred in basing the decision on finding that the earlier enjoys enhanced distinctiveness for energy drinks in paragraph 42 of the decision;

—The Board of Appeal erred in finding a likelihood of confusion.