CELEX: 62010TN0394
Language: en
Date: 2010-09-13 00:00:00
Title: Case T-394/10: Action brought on 13 September 2010 — Grebenshikova v OHIM — Volvo Trademark (SOLVO)

6.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 301/50
            
         Action brought on 13 September 2010 — Grebenshikova v OHIM — Volvo Trademark (SOLVO)
   (Case T-394/10)
   ()
   2010/C 301/79
   Language in which the application was lodged: English
   
      Parties
   
   
      Applicant: Elena Grebenshikova (St. Petersburg, Russian Federation) (represented by: M. Björkenfeldt, lawyer)
   
      Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
   
      Other party to the proceedings before the Board of Appeal: Volvo Trademark Holding AB (Göteborg, Sweden)
   
      Form of order sought
   
   
               —
            
            
               Annul the decision of the First Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 9 June 2010 in case R 861/2010-1; and
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      Pleas in law and main arguments
   
   
      Applicant for the Community trade mark: The applicant
   
      Community trade mark concerned: The figurative mark ‘SOLVO’, for goods in class 9
   
      Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
   
      Mark or sign cited: United Kingdom trade mark registrations No 747361 of the figurative mark ‘VOLVO’, for a wide range of goods and services; United Kingdom trade mark registrations No 1552528, No 1102971, No 1552529 and No 747362 of the word mark ‘VOLVO’, for a wide range of goods and services; Community trade mark registrations No 2361087 and No 2347193 of the word mark ‘VOLVO’, for inter alia goods and services in classes 9 and 12
   
      Decision of the Opposition Division: Rejected the opposition in its entirety
   
      Decision of the Board of Appeal: Annulled the decision of the Opposition Division and rejected the trade mark application
   
      Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly applied the provisions of this Article; violation by the Board of Appeal of a general principle of EU law regarding equal treatment and violation of Article 1 of the Agreement on the Trade-Related Aspects on Intellectual Property Rights (TRIPS), as well as violation of Article 2 of the Paris Convention for the Protection of Industrial Property.