Judgment of the General Court of 5 October 2011 - La Sonrisa de Carmen and Bloom Clothes v OHIM - Heldmann (BLOOMCLOTHES)
(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))
Language of the case: Spanish
Parties
Applicants: La Sonrisa de Carmen, SL (Vigo, Spain); and Bloom Clothes, SL (Madrid, Spain) (represented by: S. Míguez Pereira, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: J.F. Crespo Carrillo, Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Harald Heldmann (Hamburg, Germany) (represented by: E. Günther, lawyer)
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 of the judgment
The General 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.
____________1 - OJ C 141, 20.6.2009.