Action brought on 11 November 2015 – Frame v OHIM – Bianca-Moden (BiancalunA)
(Case T-628/15)
Language in which the application was lodged: English
Parties
Applicant: Frame Srl (San Giuseppe Vesuviano, Italy) (represented by: M. Borghese, R. Giordano, E. Montelione, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)
Other party to the proceedings before the Board of Appeal: Bianca-Moden GmbH & Co. KG (Ochtrup, Germany)
Details of the proceedings before OHIM
Applicant of the trade mark at issue: Applicant
Trade mark at issue: Community figurative mark containing the word element ‘BiancalunA’ – Application for registration No 11 246 204
Procedure before OHIM: Opposition proceedings
Contested decision: Decision of the Fifth Board of Appeal of OHIM of 7 August 2015 in Case R 2720/2014-5
Form of order sought
The applicant claims that the Court should:
annul the contested decision; and/or
remit the case to OHIM so that the likelihood of confusion is properly analyzed taking into account the results of the proof of use filed by Bianca-Moden GmbH & Co. KG;
order OHIM to pay the costs both at the first instance and on the present proceedings;
in the alternative, reform the contested decision so that the following goods in class 25 would be registered: underwear, pyjama’s, t-shirts, panties, undues.
Pleas in law
Erroneous interpretation of Regulation No 207/2009 in selecting just one earlier right;
Erroneous interpretation of Regulation No 207/2009 in evaluating the likelihood of confusion amongst the signs in comparison.
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