Action brought on 11 June 2009 - United States Polo Association v OHIM - Textiles CMG (U.S. POLO ASSN.)

(Case T-228/09)

Language in which the application was lodged: English

Parties

Applicants: United States Polo Association (Lexington, United States) (represented by: P. Goldenbaum, T. Melchert and I. Rohr, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Textiles CMG, SA (Onteniente, Valencia, Spain)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 20 March 2009 in case R 886/2008-4; and

Order the defendant to pay its own costs and those of the applicant, and, should the other party before the Board of Appeal intervene in the proceedings, order it to pay its own costs.

Pleas in law and main arguments

Applicant for the Community trade mark: The applicant

Community trade mark concerned: The word mark "U.S. POLO ASSN.", for goods in classes 9, 20, 21, 24 and 27

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: 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: Upheld the opposition for all the contested goods

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation 40/94 (which became Article 8(1)(b) of Council Regulation 207/2009) as the Board of Appeal erred in its finding that there is a likelihood of confusion between the trade marks concerned.

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