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Case T-715/15: Action brought on 4 December 2015 — BBY Solutions v OHIM — Worldwide Sales Corporation España (BEST BUY GEEK SQUAD)

ECLI:EU:UNKNOWN:62015TN0715

62015TN0715

December 4, 2015
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EN

Official Journal of the European Union

C 59/35

(Case T-715/15)

(2016/C 059/40)

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 of the trade mark at issue: Applicant

Trade mark at issue: Community figurative mark containing the word elements ‘BEST BUY GEEK SQUAD’ — Community trade mark application No 6 064 001

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 23 September 2015 in Joined Cases R 517/2015-2 and R 437/2015-2

Form of order sought

The applicant claims that the Court should:

annul the contested decision to the extent that it upheld the opposition;

annul the opposition division’s decision dated 22 December 2014 in Opposition No B 1354630 to the extent that it upheld the opposition;

accept CTM Application No 6 064 001 for registration;

order OHIM to bear their own costs and pay those of the applicant.

Plea in law

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

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