Judgment — ECLI:EU:T:2011:225
Date: 2011-05-18
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Spain

Action brought on 25 September 2009 - Glenton España v OHIM - Polo/Lauren (POLO SANTA MARIA) (Case T-376/09) Language in which the application was lodged: English Parties Applicant: Glenton España, SA (Madrid, Spain) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) Other party to the proceedings before the Board of Appeal: The Polo/Lauren Company L.P. (New York, United States) Form of order sought Admit the application; Overturn the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in case R 594/2008-2; Order the defendant to bear the costs. Pleas in law and main arguments Applicant for the Community trade mark: The applicant Community trade mark concerned: The figurative mark "POLO SANTA MARIA", for goods and services in classes 18, 25, 36, 41 and 43 Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal Mark or sign cited: 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: Upheld the opposition for all the contested goods Decision of the Board of Appeal: Annulled partially the contested decision Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned ____________