Judgment_paragraph 39 · LTJ Diffusion v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (T-83/14)

39In the third place, the applicant’s argument that the ruling in the contested decision is contrary to the ruling in the decision of the Second Board of Appeal of OHIM of 4 October 2013 (Case R 737/2013-2) must be rejected. Suffice it to note that the factual backgrounds of those two decisions are different in so far as the relationship between the form of the earlier mark in its registered form and the form of the sign used, as defined in the contested decision, differs from the relationship between the form of the earlier mark and that of the sign used as defined in the above decision of the Second Board of Appeal of OHIM of 4 October 2013. In addition, it must be recalled that OHIM is required to decide on the basis of the circumstances of each individual case and that it is not bound by previous decisions taken in other cases. The legality of the decisions of the Boards of Appeal must be assessed solely on the basis of Regulation No 207/2009 and not on the basis of any previous decision-making practice of those boards. Furthermore, in its review of legality, the Court is not bound by the decision-making practice of OHIM (see judgment in PALMA MULATA, paragraph 18 above, EU:T:2014:119, paragraph 43 and the case-law cited).