Judgment of the General Court of 18 September 2014 — Polo/Lauren v OHIM — FreshSide (Representation of a boy on a bicycle holding a mallet)
(Case T-265/13) 1
(Community trade mark — Opposition proceedings — Application for the Community figurative mark representing a boy on a bicycle holding a mallet — Earlier Community and national figurative marks representing a polo player — Relative grounds for refusal — Article 8(1)(b) of Regulation (EC) No 207/2009 — Article 8(5) of Regulation No 207/2009)
Language of the case: English
Parties
Applicant: The Polo/Lauren Company, LP (New York, 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) (represented by: P. Bullock and N. Bambara, acting as Agents)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: FreshSide Ltd (London, United Kingdom) (represented by: N. Lockett, Solicitor)
Re:
Action brought against the decision of the Second Board of Appeal of OHIM of 1 March 2013 (Case R 15/2012-2), relating to opposition proceedings between The Polo/Lauren Company, LP and FreshSide Ltd
Operative part of the judgment
The Court:
1. Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 1 March 2013 (Case R 15/2012-2);
2. Orders OHIM to bear its own costs and to pay the costs incurred by The Polo/Lauren Company, LP;
3. Orders FreshSide Ltd to bear its own costs.
________________________1 OJ C 207, 20.7.2013.