Source: EURLEX
Language: en
Format: md

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| 28.8.2004 | EN | Official Journal of the European Union | C 217/28 |

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Action brought on 8 June 2004 by the Royal County of Berkshire Polo Club Ltd against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-214/04)

(2004/C 217/50)

Language of the case to be determined pursuant to Article 131(2) of the Rules of Procedure Language in which the application was submitted: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 8 June 2004 by the Royal County of Berkshire Polo Club Ltd, Windsor (United Kingdom), represented by J. H. Maitland Walker, Solicitor, and D. McFarland, Barrister.

The Polo/Lauren Company LP was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

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| — | annul the decision of the First Board of Appeal of March 25, 2004 in case R 273/2002-1 rejecting the applicant's application |

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| — | order the Office to pay the costs |

Pleas in law and main arguments:

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| Applicant for Community trade mark: | the applicant |
| Community trade mark sought: | Figurative mark ‘ROYAL COUNTY OF BERKSHIRE POLO CLUB’for goods in class 3 (cleaning preparations etc.) |
| Proprietor of mark or sign cited in the opposition proceedings: | Polo Lauren Company LP |
| Mark or sign cited in opposition: | National figurative and work marks containing the word ‘POLO’ |
| Decision of the Opposition Division: | Opposition rejected |
| Decision of the Board of Appeal: | Decision of the opposition division annulled; registration refused |
| Pleas in law: | Violation of Article 8(1)(b) of Regulation 40/94 (1). The applicant argues that the signs in question are dissimilar. |

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