Source: EURLEX
Language: en
Format: md

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| 3.11.2014 | EN | Official Journal of the European Union | C 388/14 |

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Judgment of the General Court of 18 September 2014 — Polo/Lauren v OHIM — FreshSide (Representation of a boy on a bicycle holding a mallet)

(Case T-265/13)[(1)](#ntr1-C_2014388EN.01001402-E0001)

((Community trade mark - Opposition proceedings - Application for the Community figurative mark representing a boy on a bicycle holding a mallet - Earlier Community and national figurative marks representing a polo player - Relative grounds for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 8(5) of Regulation No 207/2009))

2014/C 388/17

Language of the case: English

Parties

Applicant: The Polo/Lauren Company, LP (New York, United States) (represented by: S. Davies, Solicitor, J. Hill, Barrister, and R. Black, Solicitor)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock and N. Bambara, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: FreshSide Ltd (London, United Kingdom) (represented by: N. Lockett, Solicitor)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 1 March 2013 (Case R 15/2012-2), relating to opposition proceedings between The Polo/Lauren Company, LP and FreshSide Ltd.

Operative part of the judgment

The Court:

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| 1. | Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 March 2013 (Case R 15/2012-2); |

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| 2. | Orders OHIM to bear its own costs and to pay the costs incurred by The Polo/Lauren Company, LP; |

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| 3. | Orders FreshSide Ltd to bear its own costs. |

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