General Court 12-11-2014 ECLI:EU:T:2014:943

Data

Court: General Court

Case date: 12 november 2014

Verdict

Judgment of the General Court (Ninth Chamber) of 12 November 2014 —

Volvo Trademark v OHIM — Hebei Aulion Heavy Industries (LOVOL)

(Case T‑525/11)

"Community trade mark - Opposition proceedings - Application for Community figurative mark LOVOL - Earlier Community word and figurative marks and earlier national figurative marks VOLVO - Relative ground for refusal - Unfair advantage taken of the distinctive character or the repute of the earlier trade mark - Article 8(5) of Regulation (EC) No 207/2009"

1. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesConditions (Council Regulation No 207/2009, Art. 8(5)) (see paras 17, 18)

2. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesSimilarity of the marks concernedCriteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b), and (5)) (see paras 21, 22)

3. Community trade markDefinition and acquisition of the Community trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark enjoying a reputationProtection of well-known earlier mark extended to dissimilar goods or servicesFigurative mark LOVOLWord and figurative marks VOLVO (Council Regulation No 207/2009, Art. 8(1)(b), and (5)) (see paras 55-58)

Re:

ACTION brought against the decision of the First Board of Appeal of OHIM of 23 June 2011 (Case R 1868/2010‑1), concerning opposition proceedings between Volvo Trademark Holding AB and Hebei Aulion Heavy Industries Co., Ltd.

Operative part

The Court:

1. Dismisses the action;

2. Orders Volvo Trademark Holding AB to pay the costs.