(Case T-79/07)

Community trade mark – Opposition proceedings – Application for the Community figurative mark POLARIS – Earlier Community word mark POLAR – Relative ground for refusal – No likelihood of confusion – Article 8(1)(b) of Regulation (EC) No 40/94

Community trade mark – Definition and acquisition of the Community trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services (Council Regulation No 40/94, Art. 8(1)(b)) (see paras 48, 50-51)

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 8 January 2007 (Case R 658/2006-2) relating to opposition proceedings between SHS Polar Sistemas Informáticos SL and Polaris Software Lab Ltd.

Information relating to the case

Applicant for the Community trade mark:

Polaris Software Lab Ltd

Community trade mark sought:

Figurative mark POLARIS for goods and services in Classes 9 and 42 – Application No 3267713

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

Mark or sign cited in opposition:

Community word mark POLAR for goods and services in Classes 9, 38 and 42

Decision of the Opposition Division:

Opposition upheld in respect of all the goods at issue in Class 9

Decision of the Board of Appeal:

Decision of the Opposition Division annulled

Operative part

The Court:

1.Dismisses the action;

2.Orders SHS Polar Sistemas Informáticos, SL to pay the costs.