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Document C2004/217/50

    Case T-214/04: Action brought on 8 June 2004 by the Royal County of Berkshire Polo Club Ltd against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    OJ C 217, 28.8.2004, p. 28–28 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

    28.8.2004   

    EN

    Official Journal of the European Union

    C 217/28

    Action brought on 8 June 2004 by the Royal County of Berkshire Polo Club Ltd against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

    (Case T-214/04)

    (2004/C 217/50)

    Language of the case to be determined pursuant to Article 131(2) of the Rules of Procedure Language in which the application was submitted: English

    An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 8 June 2004 by the Royal County of Berkshire Polo Club Ltd, Windsor (United Kingdom), represented by J. H. Maitland Walker, Solicitor, and D. McFarland, Barrister.

    The Polo/Lauren Company LP was also a party to the proceedings before the Board of Appeal.

    The applicant claims that the Court should:

    —

    annul the decision of the First Board of Appeal of March 25, 2004 in case R 273/2002-1 rejecting the applicant's application

    —

    order the Office to pay the costs

    Pleas in law and main arguments:

    Applicant for Community trade mark:

    the applicant

    Community trade mark sought:

    Figurative mark ‘ROYAL COUNTY OF BERKSHIRE POLO CLUB’for goods in class 3 (cleaning preparations etc.)

    Proprietor of mark or sign cited in the opposition proceedings:

    Polo Lauren Company LP

    Mark or sign cited in opposition:

    National figurative and work marks containing the word ‘POLO’

    Decision of the Opposition Division:

    Opposition rejected

    Decision of the Board of Appeal:

    Decision of the opposition division annulled; registration refused

    Pleas in law:

    Violation of Article 8(1)(b) of Regulation 40/94 (1). The applicant argues that the signs in question are dissimilar.
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