27.4.2013

Official Journal of the European Union

C 123/17

(Case T-90/13)

2013/C 123/29

Language in which the application was lodged: English

Parties

Applicant: Herdade de S. Tiago II-Sociedade Agrícola, SA (Lisboa, Portugal) (represented by: I. de Carvalho Simões and J. Pimenta, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: The Polo/Lauren Company, LP (New York, United States)

Form of order sought

The applicant claims that the Court should:

—Grant the appeal and annul the decision of the Second Board of Appeal of OHIM dated 28 November 2012 in Case R 1436/2010-2;

—Order the respondent to pay the costs of the appeal proceedings before the General Court, including those of the appellant.

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Community trade mark concerned: The figurative mark representing a polo player on horseback and the word element ‘V’ for goods and services in classes 3, 18, 25, 28, 41 and 43 — Community trade mark application 5 791 835

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Mark or sign cited in opposition: Community trade mark registration, UK trade mark registration and Benelux trade mark registration of the figurative mark representing a polo player for goods in classes 9, 18, 20, 21, 24, 25 et 28

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 8(1)(b) and (5) of Council Regulation No 207/2009.