Source: EURLEX
Language: en
Format: md

**Judgment of the Court of First Instance (Sixth Chamber) of 26 June 2008 – SHS Polar Sistemas Informáticos v OHIM – Polaris
Software Lab (POLARIS)**

**(Case T-79/07)**

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

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
(Council Regulation No 40/94, Art. 8(1)(b)) (see paras 48, 50-51)

**Re:**

|  |  |
| --- | --- |
|  | 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. |

[Top](#document1)