In case T-376/09, the Court rejected the appeal brought by Glenton España, owner of the contested CTM and confirmed the partly successful opposition by the Polo/Lauren Company, except against ‘whips’, ‘harness’ and ‘saddlery’. As to the remainder, there is likelihood of confusion in respect of the other goods in Classes 18 and 25.

The relevant public consists of the general public, or persons practising equestrian sports, in the Benelux countries-consisting of French-speakers or Dutch-speakers, that display a level of attention which is at least average and might even be somewhat higher for some more costly items. The signs at issue have certain degree of visual similarity and significant conceptual similarity, dominated by the polo player on a horse.