(Case T-376/09)

Community trade mark – Opposition proceedings – Application for Community figurative mark POLO SANTA MARIA – Earlier Benelux figurative mark showing the silhouette of a polo player – Relative ground for refusal – Likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 207/2009

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 18 June 2009 (Case R 594/2008-2) in relation to opposition proceedings between The Polo/Lauren Company, LP, and Glenton España, SA.

Information relating to the case

Applicant for the Community trade mark:

Community trade mark sought:

Figurative mark POLO SANTA MARIA for goods and services in Classes 18, 25, 36, 41 and 43 – Application No 3976776

Proprietor of the mark or sign cited in the opposition proceedings:

The Polo/Lauren Company, LP

Mark or sign cited in opposition:

Benelux trade mark registration of the figurative mark device of a silhouette of a polo player for goods in Classes 18 and 25

Decision of the Opposition Division:

Opposition upheld in respect of all the goods in dispute

Decision of the Board of Appeal:

Contested decision annulled in part

Operative part

The Court:

1.Dismisses the action;

2.Orders Glenton España, SA to pay the costs.