CELEX: 62009TJ0118
Language: en
Date: 2011-10-05 00:00:00
Title: Judgment of the General Court (First Chamber) of 5 October 2011. # La Sonrisa de Carmen, SL and Bloom Clothes, SL v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark BLOOMCLOTHES - Earlier national word mark BLOOM - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009). # Case T-118/09.

Judgment of the General Court (First Chamber) of 5 October 2011 – La Sonrisa de Carmen and Bloom Clothes v OHIM – Heldmann
            (BLOOMCLOTHES)
      (Case T-118/09)
      Community trade mark – Opposition proceedings – Application for Community figurative mark BLOOMCLOTHES – Earlier national word mark BLOOM – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22-23, 51-52, 55)
      
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 January 2009 (Case R 695/2008‑2), relating
                  to opposition proceedings between, on the one hand, Harald Heldmann and, on the other, La Sonrisa de Carmen, SL and Bloom
                  Clothes, SL.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders La Sonrisa de Carmen, SL and Bloom Clothes, SL to pay the costs, with the exception of those incurred by Harald Heldmann;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Mr Heldmann to bear his own costs.