Action brought on 20 March 2009 — La Sonrisa de Carmen and Bloom Clothes v OHIM — Heldmann (BLOOMCLOTHES)

(Case T-118/09)

2009/C 141/94

Language in which the application was lodged: Spanish

Parties

Applicants: La Sonrisa de Carmen SL (Vigo, Spain), Bloom Clothes SL (Madrid, Spain) (represented by: S. Mígel Pereira, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM: Harald Heldmann (Hamburg, Germany)

Form of order sought

Pleas in law and main arguments

Applicant for a Community trade mark: La Sonrisa de Carmen SL

Community trade mark concerned: Mixed mark consisting of the term ‘BLOOMCLOTHES’ with the figurative element of a toadstool (Application No 5 077 128) for goods and services in classes 18, 25 and 35.

Proprietor of the mark or sign cited in the opposition proceedings: Harald Heldmann.

Mark or sign cited in opposition: Word mark ‘BLOOM’ (German trade mark No 30 439 990) for goods in class 25.

Decision of the Opposition Division: Partial rejection of the opposition.

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 8(1)(b) of Regulation No 40/94 on the Community trade mark (OJ 1994 L 11, p. 1), as replaced by Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).