Judgment of the General Court (Fifth Chamber) of 20 October 2011.#Poloplast GmbH & Co. KG v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).#Community trade mark - Opposition proceedings - Application for Community trade mark P - Earlier figurative Community marks P and P POLYPIPE - Relative grounds for refusal - Likelihood of confusion - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 40/94 (now Article 8(1)(b) of Regulation (EC) No 207/2009).#Case T-189/09.

Subject of the case

Re:

ACTION brought against the decision of the Second Board of Appeal of OHIM of 25 February 2009 (Case R 80/2008-2) relating to opposition proceedings between Polypipe Ltd and Poloplast GmbH & Co. KG.

Operative part

Operative part

The Court:

1. Dismisses the action;

2. Orders Poloplast GmbH & Co. KG to pay the costs, including the costs necessarily incurred by Polypipe Ltd for the purposes of the proceedings before the Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).