CELEX: C2007/095/110
Language: en
Date: 2007-04-28 00:00:00
Title: Case T-79/07: Action brought on 9 March 2007 — SHS Polar Sistemas Informáticos v OHIM — Polaris Software Lab (POLARIS)

28.4.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/55
            
         Action brought on 9 March 2007 — SHS Polar Sistemas Informáticos v OHIM — Polaris Software Lab (POLARIS)
   (Case T-79/07)
   (2007/C 95/110)
   Language in which the application was lodged: English
   Parties
   
      Applicant: SHS Polar Sistemas Informáticos, SL (Madrid, Spain) (represented by: C. Hernández Hernández, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Polaris Software Lab Ltd (Chennai, India)
   Form of order sought
   
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               That the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market dated 8 January 2007 in Case R 658/2006-2 be annulled;
            
         
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               that OHIM bears its own cost and pays those incurred by the applicant.
            
         Pleas in law and main arguments
   
      Applicant for the Community trade mark: Polaris Software Lab Ltd
   
      Community trade mark concerned: The figurative mark ‘POLARIS ’for goods and services in classes 9 and 42 — application No 3 267 713
   
      Proprietor of the mark or sign cited in the opposition proceedings: The applicant
   
      Mark or sign cited: The Community word mark ‘POLAR ’for goods and services in classes 9, 38 and 42
   
      Decision of the Opposition Division: Opposition upheld for all the contested goods in class 9
   
      Decision of the Board of Appeal: Annulment of the Opposition Division's decision
   
      Pleas in law: Violation of Article 8(1)(b) of Council Regulation No 40/94 as i) the earlier trade mark can be applied to software destined to a non-specialist consumer, which could give rise to a confusion, ii) the small visual and phonetic differences between the two conflicting trade marks do not suffice to avoid a likelihood of confusion and iii) both marks are connected to the same meaning.