Judgment of the General Court (Second Chamber) of 13 April 2011 – United States Polo Association v OHIM – Textiles CMG (U.S. POLO ASSN.)

(Case T-228/09)

Community trade mark – Opposition proceedings – Application for Community word mark U.S. POLO ASSN. – Earlier Community and national word marks POLO-POLO – Relative ground for refusal – Likelihood of confusion – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009)

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 40/94, Art. 8(1)(b)) (see para. 56) (see paras 27, 52, 60)

Re:

ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 20 March 2009 (Case R 886/2008-4) relating to opposition proceedings between Textiles CMG, SA and United States Polo Association.

Information relating to the case

Applicant for the Community trade mark:	United States Polo Association
Community trade mark sought:	Word mark U.S. POLO ASSN. for goods in Classes 9, 20, 21, 24 and 27 – Application No 4567483
Proprietor of the mark or sign cited in the opposition proceedings:	Textiles CMG, SA
Mark or sign cited in opposition:	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:	Opposition upheld in respect of all the products in dispute
Decision of the Board of Appeal:	Appeal dismissed

Operative part

The Court:

1. 1. Dismisses the action;

2. 2. Orders United States Polo Association to pay the costs.