Judgment of the General Court of 12 November 2014 — Volvo Trademark v OHIM — Hebei Aulion Heavy Industries (LOVOL)
(Case T-525/11) 1
(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)
Language of the case: English
Parties
Applicant: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented by: M. Treis, lawyer)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Geroulakos, acting as Agent)
Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Hebei Aulion Heavy Industries Co., Ltd. (Zhangjiakou, China) (represented by: A. Alejos Cutuli, lawyer)
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 of the judgment
The Court:
1. Dismisses the action.
2. Orders Volvo Trademark Holding AB to pay the costs.
________________________1 OJ C 355, 3.12.2011.