ECLI:EU:T:2008:230

Judgment of the Court of First Instance (Sixth Chamber) of 26 June 2008 – SHS Polar Sistemas Informáticos v OHIM – Polaris Software Lab (POLARIS) (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: SHS Polar Sistemas Informáticos, SL 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.