Source: EURLEX
Language: en
Format: md

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| 28.5.2011 | EN | Official Journal of the European Union | C 160/19 |

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Judgment of the General Court of 13 April 2011 — United States Polo Association v OHIM — Textiles CMG (U.S. POLO ASSN.)

(Case T-228/09)[(1)](#ntr1-C_2011160EN.01001901-E0001)

(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))

2011/C 160/26

Language of the case: English

Parties

Applicant: United States Polo Association (Lexington, Kentucky, United States) (represented by: P. Goldenbaum, I. Rohr and T. Melchert, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: Textiles CMG, SA (Onteniente, Spain)

Re:

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.

Operative part of the judgment

The Court:

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| 1. | Dismisses the action; |

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| 2. | Orders United States Polo Association to pay the costs. |

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