Action brought on 15 September 2015 – CBM v OHIM – ÏD Group (Fashion ID)

(Case T-535/15)

Language in which the application was lodged: English

Parties

Applicant: CBM Creative Brands Marken GmbH (Zürich, Switzerland) (represented by: U. Lüken, J. Bärenfänger, lawyers)

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

Other party to the proceedings before the Board of Appeal: ÏD Group (Roubaix, France)

Details of the proceedings before OHIM

Applicant of the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘Fashion ID’ – Application for registration No 10 638 658

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 14 July 2015 in Case R 2470/2014-4

Form of order sought

The applicant claims that the Court should:

annul the contested decision as far as it upheld the decision of the Opposition Division to reject the CTM No 10 638 658 with regard to the opposed goods and services in Classes 9, 14, 18, 25 and 35;

annul the corresponding decision of the Opposition Division of OHIM of 28 July 2014 (Case B 2 038 399) as far as the Opposition Division upheld the opposition to reject the CTM No 10 638 658;

dismiss the Opposition dated 26 June 2012 against the CTM No 10 638 658 in its entirety;

order OHIM to pay the costs.

Plea(s) in law

The Opposition Division and the Board of Appeal failed to regard the long-standing case law of the General Court and of the Court of Justice according to which the overall impression of signs has to be compared, focusing on the contested CTM as a whole, instead of a comparison of single elements.

____________