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Case T-434/07: Judgment of the General Court of 2 December 2009 — Volvo Trademark v OHIM — Grebenshikova (SOLVO) (Community trade mark — Opposition proceedings — Application for the Community figurative mark SOLVO — Earlier Community and national word and figurative marks VOLVO — Relative ground for refusal — Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))
ECLI:EU:UNKNOWN:62007TA0434
62007TA0434
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30.1.2010
Official Journal of the European Union
C 24/47
(Case T-434/07) (1)
(Community trade mark - Opposition proceedings - Application for the Community figurative mark SOLVO - Earlier Community and national word and figurative marks VOLVO - Relative ground for refusal - Article 8(1)(b) and (5) of Regulation (EC) No 40/94 (now Article 8(1)(b) and (5) of Regulation (EC) No 207/2009))
2010/C 24/82
Language of the case: English
Parties
Applicant: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented by: T. Dolde, V. von Bomhard and A. Renck, lawyers)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: S. Laitinen and A. Folliard Monguiral, Agents)
Other party to the proceedings before the Board of Appeal of OHIM intervening before the General Court: Elena Grebenshikova (Saint Petersburg, Russia) (represented by: M. Björkenfeldt, lawyer)
Re:
ACTION brought against the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 2 August 2007 (Case R 1240/2006-2), relating to opposition proceedings between Volvo Trademark Holding AB and Ms Elena Grebenshikova.
Operative part of the judgment
The General Court:
1.Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 2 August 2007 (Case R 1240/2006-2), relating to opposition proceedings between Volvo Trademark Holding AB and Ms Elena Grebenshikova;
2.Orders the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) to bear its own costs and to pay half of those incurred by Volvo Trademark Holding;
3.Orders Ms Grebenshikova to bear her own costs and to pay half of those incurred by Volvo Trademark Holding.
(1) OJ C 37, 9.2.2008.