22.2.2016

Official Journal of the European Union

C 68/41

Action brought on 22 December 2015 — Facebook v OHIM — Brand IP Licensing (lovebook)

(Case T-757/15)

(2016/C 068/52)

Language in which the application was lodged: English

Parties

Applicant: Facebook, Inc. (Menlo Park, United States) (represented by: M. Granado Carpenter and M. Polo Carreño, lawyers)

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

Other party to the proceedings before the Board of Appeal: Brand IP Licensing Ltd (Road Town, British Virgin Islands)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Community word mark ‘lovebook’ — Community trade mark application No 9 926 577

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Second Board of Appeal of OHIM of 30 September 2015 in Case R 2028/2014-2

Form of order sought

The applicant claims that the Court should:

—

annul the contested decision in its entirety, insofar as it annuls the decision of the Opposition Division which upheld the opposition against the CTM application No 9 926 577 LOVEBOOK on the basis of likelihood of confusion, based in its conclusions that the similarities of the signs are minor in relation to their differences, that the overall impression of the signs in the perception of the relevant public is that they are not similar, and that this is so, even if the earlier trademarks enjoy enhanced distinctiveness;

—	order reimbursement of its costs in this appeal before the General Court.

Plea in law

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