CELEX: C2004/217/50
Language: en
Date: 2004-08-28 00:00:00
Title: Case T-214/04: 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)

28.8.2004   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 217/28
            
         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:
   
               —
            
            
               annul the decision of the First Board of Appeal of March 25, 2004 in case R 273/2002-1 rejecting the applicant's application
            
         
               —
            
            
               order the Office to pay the costs
            
         Pleas in law and main arguments:
   
               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.