Judgment of the General Court of 5 December 2013 – Grebenshikova v OHIM – Volvo Trademark Holding (SOLVO)
(Case T-394/10) 1
(Community trade mark – Opposition proceedings – Application for the Community figurative mark SOLVO – Earlier Community word mark VOLVO – Relative ground for refusal – No likelihood of confusion – No similarity between the signs – Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Elena Grebenshikova (St Petersburg, Russia) (represented by: M. Björkenfeldt, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented: initially by T. Dolde, V. von Bomhard and A. Renck, lawyers, and subsequently by V. von Bomhard, A. Renck, and I. Fowler, Solicitor)
Re:
Action brought against the decision of the First Board of Appeal of OHIM of 9 June 2010 (Case R 861/2010-1), relating to opposition proceedings between Volvo Trademark Holding AB and Ms Elena Grebenshikova.
Operative part of the judgment
The Court:
1. Annuls the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 9 June 2010 in Case R 861/2010-1;
2. Orders OHIM to pay, in addition to its own costs, two thirds of the costs incurred by Ms Elena Grebenshikova;
3. Orders Volvo Trademark Holding AB to pay, in addition to its own costs, one third of the costs incurred by Ms Grebenshikova.
________________________1 OJ C 301, 6.11.2010.