Judgment of the General Court of 8 October 2014 — Laboratoires Polive v OHIM — Arbora & Ausonia (dodie)
(Cases T-122/13 and T-123/13) 1
(Community trade mark — Opposition proceedings — Application for Community figurative mark dodie — Earlier national word marks DODOT — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009)
Language of the case: English
Parties
Applicant: Laboratoires Polive (Levallois-Perret, France) (represented by: A. Sion, 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: Arbora & Ausonia, SLU (Barcelona, Spain) (represented by: R. Guerras Mazón, lawyer)
Re:
Two actions brought against two decisions of the Second Board of Appeal of OHIM of 28 November 2012 (Cases R 2324/2011-2 and R 2325/2011-2, respectively) relating to two sets of opposition proceedings between Arbora & Ausonia, SLU and Laboratoires Polive.
Operative part of the judgment
The Court:
Joins Cases T-122/13 and T-123/13 for the purposes of the judgment;
Annuls the decisions of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 28 November 2012 (Cases R 2324/2011-2 and R 2325/2011-2);
Orders OHIM to bear its own costs and to pay those incurred by Laboratoires Polive;
Orders Arbora & Ausonia, SLU to bear its own costs.
________________________1 OJ C 123, 27.4.2013.