CELEX: 62009TN0118
Language: en
Date: 2009-03-20 00:00:00
Title: Case T-118/09: Action brought on 20 March 2009 — La Sonrisa de Carmen and Bloom Clothes v OHIM — Heldmann (BLOOMCLOTHES)

20.6.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 141/44
            
         Action brought on 20 March 2009 — La Sonrisa de Carmen and Bloom Clothes v OHIM — Heldmann (BLOOMCLOTHES)
   (Case T-118/09)
   2009/C 141/94
   Language in which the application was lodged: Spanish
   
      Parties
   
   
      Applicants: La Sonrisa de Carmen SL (Vigo, Spain), Bloom Clothes SL (Madrid, Spain) (represented by: S. Mígel Pereira, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal of OHIM: Harald Heldmann (Hamburg, Germany)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the Board of Appeal of 8 January 2009 in Case R 695/2008-2 and order the registration of the mixed mark BLOOMCLOTHES as a Community trade mark in classes 25 and 35.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: La Sonrisa de Carmen SL
   
      Community trade mark concerned: Mixed mark consisting of the term ‘BLOOMCLOTHES’ with the figurative element of a toadstool (Application No 5 077 128) for goods and services in classes 18, 25 and 35.
   
      Proprietor of the mark or sign cited in the opposition proceedings: Harald Heldmann.
   
      Mark or sign cited in opposition: Word mark ‘BLOOM’ (German trade mark No 30 439 990) for goods in class 25.
   
      Decision of the Opposition Division: Partial rejection of the opposition.
   
      Decision of the Board of Appeal: Dismissal of the appeal.
   
      Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1), as replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).