CELEX: 62007TJ0079
Community trade mark
Opposition proceedings
Application for the Community figurative mark POLARIS
Earlier Community word mark POLAR
Relative ground for refusal
No likelihood of confusion
Article 8(1)(b) of Regulation (EC) No 40/94

ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 January 2007 (Case R 658/2006-2) relating to
opposition proceedings between SHS Polar Sistemas Informáticos SL and Polaris Software Lab Ltd.
Information relating to the case
Applicant for the Community trade mark:
Polaris Software Lab Ltd
Community trade mark sought:
Figurative mark POLARIS for goods and services in Classes 9 and 42 – Application No 3267713
Proprietor of the mark or sign cited in the opposition proceedings:
SHS Polar Sistemas Informáticos, SL
Mark or sign cited in opposition:
Community word mark POLAR for goods and services in Classes 9, 38 and 42
Decision of the Opposition Division:
Opposition upheld in respect of all the goods at issue in Class 9
Decision of the Board of Appeal:
Decision of the Opposition Division annulled
Operative part
The Court:
1.
Dismisses the action;
2.
Orders SHS Polar Sistemas Informáticos, SL to pay the costs.