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"

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)

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)

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:

Dismisses the action;

Orders Volvo Trademark Holding AB to pay the costs.