CELEX: 62009TJ0376
Language: en
Date: 2011-05-18
Title: Judgment of the General Court (Second Chamber) of 18 May 2011. # Glenton España, SA v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM). # Community trade mark - Opposition proceedings - Application for Community figurative mark POLO SANTA MARIA - Earlier Benelux figurative mark showing the silhouette of a polo player - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009. # Case T-376/09.

Judgment of the General Court (Second Chamber) of 18 May 2011 – Glenton España v OHIM – Polo/Lauren (POLO SANTA MARIA)
      (Case T-376/09)
      Community trade mark – Opposition proceedings – Application for Community figurative mark POLO SANTA MARIA – Earlier Benelux figurative mark showing the silhouette of a polo player – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009
      1.                     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 – Similarity
            of the marks concerned – Criteria for assessment – Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras
            24-25, 34)
      2.                     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 207/2009, Art. 8(1)(b)) (see paras 22, 59)
      Re:
      
         
               ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 594/2008-2) in relation
                  to opposition proceedings between The Polo/Lauren Company, LP, and Glenton España, SA.
               
            Information relating to the case 
      
               Applicant for the Community trade mark: 
            
            
               Glenton España, SA
            
         
               Community trade mark sought: 
            
            
               Figurative mark POLO SANTA MARIA for goods and services in Classes 18, 25, 36, 41 and 43 – Application No 3976776
            
         
               Proprietor of the mark or sign cited in the opposition proceedings:
            
            
               The Polo/Lauren Company, LP
            
         
               Mark or sign cited in opposition: 
            
            
               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: 
            
            
               Opposition upheld in respect of all the goods in dispute
            
         
               Decision of the Board of Appeal: 
            
            
               Contested decision annulled in part
            
         
      Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Glenton España, SA to pay the costs.