# C_2016078EN.01003101.xml

| 29.2.2016 | EN | Official Journal of the European Union | C 78/31 |
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29.2.2016

EN

Official Journal of the European Union

C 78/31

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Action brought on 23 December 2015 — BBY Solutions v OHIM — Worldwide Sales Corporation España (BEST BUY)

(Case T-773/15)

(2016/C 078/42)

Language in which the application was lodged: English

Parties

Parties

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

Applicant:

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

Defendant:

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

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Applicant: Applicant

Applicant:

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

Trade mark at issue:

Procedure before OHIM: Opposition proceedings

Procedure before OHIM

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

Contested decision

Form of order sought

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; |
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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; |
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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; |
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accept the CTM Application No 006065403 for registration;

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

Pleas in law

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; |
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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; |
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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 |
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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. |
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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.

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