Action brought on 20 May 2013 – Polo/Lauren/OHIM – FreshSide (Representation of a boy on a bike holding a mallet)

(Case T-265/13)

Language in which the application was lodged: English

Parties

Applicant: The Polo/Lauren Company, LP (New York, United States) (represented by: S. Davies, Solicitor, J. Hill, Barrister and R. Black, Solicitor)

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

Other party to the proceedings before the Board of Appeal: FreshSide Ltd (London, United Kingdom)

Form of order sought

The applicant claims that the Court should:

Annul the Second Board of Appeal’s decision of 1 March 2013 in Case R 15/2012-2;

Order that the costs of the proceedings be borne by the defendant.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The figurative mark containing a representation of a boy on a bike holding a mallet for goods in classes 18, 25 and 28 – Community trade mark application No 8 766 917

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Figurative mark containing a representation of a polo player on a horse for goods in classes 9, 18, 20, 21, 24 and 25

Decision of the Opposition Division: Rejected 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.