Action brought on 11 November 2015 – Frame v OHIM − Bianca-Moden (BIANCALUNA)

(Case T-627/15)

Language in which the application was lodged: English

Parties

Applicant: Frame Srl (San Giuseppe Vesuviano, Italy) (represented by: M. Borghese, R. Giordano, and 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 for the trade mark at issue: Applicant

Trade mark at issue: Community word mark ‘BIANCALUNA’ – Application for registration No 11 251 808

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of OHIM of 7 August 2015 in Case R 2952/2014-5

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, pyjamas, 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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