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 mark — Definition and acquisition of the Community trade mark — Relative grounds for refusal — Opposition by the proprietor of an earlier identical or similar mark enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Conditions (Council Regulation No 207/2009, Art. 8(5)) (see paras 17, 18)
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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Similarity of the marks concerned — Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b), and (5)) (see paras 21, 22)
3. 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 enjoying a reputation — Protection of well-known earlier mark extended to dissimilar goods or services — Figurative mark LOVOL — Word 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:
2. | | Orders Volvo Trademark Holding AB to pay the costs. |