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Case C-327/11 P: Judgment of the Court (Fifth Chamber) of 6 September 2012 — United States Polo Association v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (Appeal — Community trade mark — Regulation (EC) No 40/94 — Article 8(1)(b) — Likelihood of confusion — Word mark ‘U.S. POLO ASSN.’ — Opposition by the holder of the earlier word mark ‘POLO-POLO’ )
ECLI:EU:UNKNOWN:62011CA0327
62011CA0327
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Official Journal of the European Union
C 331/10
(Case C-327/11 P) (*)
(Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Likelihood of confusion - Word mark ‘U.S. POLO ASSN.’ - Opposition by the holder of the earlier word mark ‘POLO-POLO’)
(2012/C 331/15)
Language of the case: English
Parties
Appellant: United States Polo Association (represented by: P. Goldenbaum, Rechtsanwältin)
Other party to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Botis, acting as Agent)
Re:
Appeal against the judgment of the General Court (Second Chamber) of 13 April 2011 in Case T-228/09 United States Polo Association v OHIM dismissing an action for annulment brought by the applicant for the word mark ‘U.S. POLO ASSN.’ for goods in Classes 9, 20, 21, 24 and 27 against the decision R 886/2008-4 of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 20 March 2009 dismissing the appeal against the decision of the Opposition Division partly refusing registration of that mark in opposition proceedings brought by the proprietor of the Community and national word marks ‘POLO-POLO’ for goods in Classes 24, 35 and 39 — Interpretation and application of Article 8(4) of Regulation (EC) No 40/94 (now Article 8(4) of Regulation (EC) No 207/2009).
Operative part of the judgment
The Court:
1.Dismisses the appeal;
2.Orders United States Polo Association to pay the costs.
(*) Language of the case: English.
OJ C 311, 22.10.2011