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.

Judgment of the General Court (Second Chamber) of 18 May 2011 – Glenton España v OHIM – Polo/Lauren (POLO SANTA MARIA) (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 1.                     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 – Similarity of the marks concerned – Criteria for assessment – Complex mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 24-25, 34) 2.                     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 – Likelihood of confusion with the earlier mark (Council Regulation No 207/2009, Art. 8(1)(b)) (see paras 22, 59) 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: Glenton España, SA 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.