CELEX: 62009TJ0228
Language: en
Date: 2011-04-13
Title: Judgment of the General Court (Second Chamber) of 13 April 2011.#United States Polo Association v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#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).#Case T-228/09.

Judgment of the General Court (Second Chamber) of 13 April 2011 – United States Polo Association v OHIM – Textiles CMG (U.S.
            POLO ASSN.)
      (Case T-228/09)
      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)
      Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services
         – Likelihood of confusion with the earlier mark (Council Regulation No 40/94, Art. 8(1)(b)) (see para. 56) (see paras 27, 52,
         60)
      
      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.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               United States Polo Association 
            
         
               Community trade mark sought:
            
            
               Word mark U.S. POLO ASSN. for goods in Classes 9, 20, 21, 24 and 27 – Application No 4567483
            
         
               Proprietor of the mark or sign cited in the opposition proceedings: 
            
            
               Textiles CMG, SA
            
         
               Mark or sign cited in opposition: 
            
            
               Spanish trade mark registration of the word mark POLO‑POLO for goods in Class 24; Community trade mark registration of the
                  word mark POLO‑POLO for goods in Classes 24, 25 and 39
               
            
         
               Decision of the Opposition Division: 
            
            
               Opposition upheld in respect of all the products in dispute 
            
         
               Decision of the Board of Appeal: 
            
            
               Appeal dismissed 
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders United States Polo Association to pay the costs.