CELEX: 62009TJ0228
Community trade mark
Opposition proceedings
Application for Community word mark U.S. POLO ASSN.
Earlier Community and national word marks POLO-POLO
Relative ground for refusal
Likelihood of confusion
Similarity of the signs
Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 (Case R 886/2008-4) relating to
opposition proceedings between Textiles CMG, SA and United States Polo Association.
Information relating to the case
Applicant for the Community trade mark:
United States Polo Association
Community trade mark sought:
Word mark U.S. POLO ASSN. for goods in Classes 9, 20, 21, 24 and 27 – Application No 4567483
Proprietor of the mark or sign cited in the opposition proceedings:
Textiles CMG, SA
Mark or sign cited in opposition:
Spanish trade mark registration of the word mark POLO‑POLO for goods in Class 24; Community trade mark registration of the
word mark POLO‑POLO for goods in Classes 24, 25 and 39
Decision of the Opposition Division:
Opposition upheld in respect of all the products in dispute
Decision of the Board of Appeal:
Appeal dismissed
Operative part
The Court:
1.
Dismisses the action;
2.
Orders United States Polo Association to pay the costs.