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Case T-265/13: Judgment of the General Court of 18 September 2014 — Polo/Lauren v OHIM — FreshSide (Representation of a boy on a bicycle holding a mallet) (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)
ECLI:EU:UNKNOWN:62013TA0265
62013TA0265
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Official Journal of the European Union
C 388/14
(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))
2014/C 388/17
Language of the case: English
Parties
Applicant: The Polo/Lauren Company, LP (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.
OJ C 207, 20.7.2013.