CELEX: 62009TN0376
Language: en
Date: 2009-09-25 00:00:00
Title: Case T-376/09: Action brought on 25 September 2009 — Glenton España v OHIM — Polo/Lauren (POLO SANTA MARIA)

21.11.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 282/57
            
         Action brought on 25 September 2009 — Glenton España v OHIM — Polo/Lauren (POLO SANTA MARIA)
   (Case T-376/09)
   2009/C 282/107
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Glenton España, SA (Madrid, Spain) (represented by: E. Armijo Chávarri and A. Castán Pérez-Gómez, lawyers)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: The Polo/Lauren Company L.P. (New York, United States)
   
      Form of order sought
   
   
               —
            
            
               Admit the application;
            
         
               —
            
            
               Overturn the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 18 June 2009 in case R 594/2008-2;
            
         
               —
            
            
               Order the defendant to bear the costs.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark “POLO SANTA MARIA”, for goods and services in classes 18, 25, 36, 41 and 43
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited: Benelux trade mark registration of the figurative mark “device of a silhouette of a polo player” for goods in classes 18 and 25
   
      Decision of the Opposition Division: Upheld the opposition for all the contested goods
   
      Decision of the Board of Appeal: Annulled partially the contested decision
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 207/2009 as the Board of Appeal wrongly held that there was a likelihood of confusion between the trade marks concerned