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Document 62009TJ0376

Judgment of the General Court (Second Chamber) of 18 May 2011.
Glenton España, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for Community figurative mark POLO SANTA MARIA - Earlier Benelux figurative mark showing the silhouette of a polo player - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009.
Case T-376/09.

European Court Reports 2011 II-00141*

ECLI identifier: ECLI:EU:T:2011:225





Judgment of the General Court (Second Chamber) of 18 May 2011 – Glenton España v OHIM – Polo/Lauren (POLO SANTA MARIA)

(Case T-376/09)

Community trade mark – Opposition proceedings – Application for Community figurative mark POLO SANTA MARIA – Earlier Benelux figurative mark showing the silhouette of a polo player – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

1.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Similarity of the marks concerned – Criteria for assessment – Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24-25, 34)

2.                     Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 59)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 594/2008-2) in relation to opposition proceedings between The Polo/Lauren Company, LP, and Glenton España, SA.

Information relating to the case

Applicant for the Community trade mark:

Glenton España, SA

Community trade mark sought:

Figurative mark POLO SANTA MARIA for goods and services in Classes 18, 25, 36, 41 and 43 – Application No 3976776

Proprietor of the mark or sign cited in the opposition proceedings:

The Polo/Lauren Company, LP

Mark or sign cited in opposition:

Benelux trade mark registration of the figurative mark device of a silhouette of a polo player for goods in Classes 18 and 25

Decision of the Opposition Division:

Opposition upheld in respect of all the goods in dispute

Decision of the Board of Appeal:

Contested decision annulled in part


Operative part

The Court:

1.

Dismisses the action;

2.

Orders Glenton España, SA to pay the costs.

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