CELEX: 62013TN0090
Language: en
Date: 2013-02-12 00:00:00
Title: Case T-90/13: Action brought on 12 February 2013 — Herdade de S. Tiago II/OHIM — Polo/Lauren (V)

27.4.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 123/17
            
         Action brought on 12 February 2013 — Herdade de S. Tiago II/OHIM — Polo/Lauren (V)
   (Case T-90/13)
   2013/C 123/29
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Herdade de S. Tiago II-Sociedade Agrícola, SA (Lisboa, Portugal) (represented by: I. de Carvalho Simões and J. Pimenta, 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, LP (New York, United States)
   
      Form of order sought
   
   The applicant claims that the Court should:
   
               —
            
            
               Grant the appeal and annul the decision of the Second Board of Appeal of OHIM dated 28 November 2012 in Case R 1436/2010-2;
            
         
               —
            
            
               Order the respondent to pay the costs of the appeal proceedings before the General Court, including those of the appellant.
            
         
      Pleas in law and main arguments
   
   
      Applicant for a Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark representing a polo player on horseback and the word element ‘V’ for goods and services in classes 3, 18, 25, 28, 41 and 43 — Community trade mark application 5 791 835
   
      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 in opposition: Community trade mark registration, UK trade mark registration and Benelux trade mark registration of the figurative mark representing a polo player for goods in classes 9, 18, 20, 21, 24, 25 et 28
   
      Decision of the Opposition Division: Partially upheld the opposition
   
      Decision of the Board of Appeal: Dismissed the appeal
   
      Pleas in law: Infringement of Article 8(1)(b) and (5) of Council Regulation No 207/2009.