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Case T-265/13: Action brought on 20 May 2013 — Polo/Lauren/OHIM — FreshSide (Representation of a boy on a bike holding a mallet)
ECLI:EU:UNKNOWN:62013TN0265
62013TN0265
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Official Journal of the European Union
C 207/44
(Case T-265/13)
2013/C 207/74
Language in which the application was lodged: 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)
Other party to the proceedings before the Board of Appeal: FreshSide Ltd (London, United Kingdom)
Form of order sought
The applicant claims that the Court should:
—Annul the Second Board of Appeal’s decision of 1 March 2013 in Case R 15/2012-2;
—Order that the costs of the proceedings be borne by the defendant.
Pleas in law and main arguments
Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal
Community trade mark concerned: The figurative mark containing a representation of a boy on a bike holding a mallet for goods in classes 18, 25 and 28 — Community trade mark application No 8 766 917
Proprietor of the mark or sign cited in the opposition proceedings: The applicant
Mark or sign cited in opposition: Figurative mark containing a representation of a polo player on a horse for goods in classes 9, 18, 20, 21, 24 and 25
Decision of the Opposition Division: Rejected 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.