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.