Judgment of the General Court of 8 October 2014 — Laboratoires Polive v OHIM — Arbora & Ausonia (DODIE)
(Case T-77/13) 1
(Community trade mark — Opposition proceedings — Application for Community word mark DODIE — Earlier national word mark DODOT — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) of Regulation (EC) No 207/2009 — Power to alter decisions)
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:
Action brought against the decision of the Second Board of Appeal of OHIM of 31 October 2012 (Case R 1949/2011-2) relating to opposition proceedings between Arbora & Ausonia, SLU and Laboratoires Polive.
Operative part of the judgment
The Court:
Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 31 October 2012 (Case R 1949/2011-2);
Dismisses the action as to the remainder;
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 108, 13.4.2013.