4.4.2016
EN
Official Journal of the European Union
C 118/37
Action brought on 15 February 2016 — BBY Solutions v EUIPO — Worldwide Sales Corporation España (BEST BUY mobile)
(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.
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