Notice for the OJ

 

SEQ CHAPTER \h \r 1Action brought on 8 June 2004 by the Royal County of Berkshire Polo Club Ltd against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM)

(Case T-214/04)

Language of the case

to be determined pursuant to Article 131(2) of the Rules of Procedure

- language in which the application was submitted: English

An action against the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) was brought before the Court of First Instance of the European Communities on 8 June 2004 by the Royal County of Berkshire Polo Club Ltd, Windsor (United Kingdom), represented by J. H. Maitland Walker, Solicitor, and D. McFarland, Barrister.

The Polo/Lauren Company LP was also a party to the proceedings before the Board of Appeal.

The applicant claims that the Court should:

-     annul the decision of the First Board of Appeal of March 25, 2004 in case R 273/2002-1 rejecting the applicant's application

-     order the Office to pay the costs

Pleas in law and main arguments:

Applicant for Community trade mark:        the applicant

Community trade mark sought:            Figurative mark "ROYAL COUNTY OF BERKSHIRE POLO CLUB"for goods in class 3 (cleaning preparations etc.)

Proprietor of mark or sign cited in the

opposition proceedings:                Polo Lauren Company LP

Mark or sign cited in opposition:            

National figurative and work marks containing the word "POLO"

Decision of the Opposition Division:            Opposition rejected

Decision of the Board of Appeal:            Decision of the opposition division                             annulled; registration refused

Pleas in law:                        

Violation of Article 8 (1) (b) of Regulation 40/941.The applicant argues that the signs in question are dissimilar.

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