Action brought on 12 February 2013 - Herdade de S. Tiago II/OHIM - Polo/Lauren (V)
(Case T-90/13)
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.
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