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:
2. | | Orders Glenton España, SA to pay the costs. |