17.11.2014
EN
Official Journal of the European Union
C 409/36
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)
((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:
1.
Joins Cases T-122/13 and T-123/13 for the purposes of the judgment;
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);
3.
Orders OHIM to bear its own costs and to pay those incurred by Laboratoires Polive;
4.
Orders Arbora & Ausonia, SLU to bear its own costs.
(1) OJ C 123, 27.4.2013.
Full & Egal Universal Law Academy