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Case T-525/11: Judgment of the General Court of 12 November 2014 — Volvo Trademark v OHIM — Hebei Aulion Heavy Industries (LOVOL) (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)
ECLI:EU:UNKNOWN:62011TA0525
62011TA0525
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22.12.2014
Official Journal of the European Union
C 462/21
(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)
(2014/C 462/32)
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.