Source: EURLEX
Language: en
Format: md

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| 17.11.2014 | EN | Official Journal of the European Union | C 409/36 |

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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)](#ntr1-C_2014409EN.01003602-E0001)

((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))

2014/C 409/52

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:

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| 1. | Joins Cases T-122/13 and T-123/13 for the purposes of the judgment; |

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| 2. | 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); |

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| 3. | Orders OHIM to bear its own costs and to pay those incurred by Laboratoires Polive; |

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| 4. | Orders Arbora & Ausonia, SLU to bear its own costs. |

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