9.2.2008   

EN

Official Journal of the European Union

C 37/25


Action brought on 28 November 2007 — Volvo Trademark Holding v OHIM — Grebenshikova (SOLVO)

(Case T-434/07)

(2008/C 37/39)

Language in which the application was lodged: English

Parties

Applicant: Volvo Trademark Holding AB (Gothenburg, Sweden) (represented by: T. Dolde, V. von Bomhard, A. Renck, lawyers)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Elena Grebenshikova (St. Petersburg, Russia)

Form of order sought

Annul 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 in Case No R 1240/2006-2; and

order that the costs of the proceedings be borne by the defendant.

Pleas in law and main arguments

Applicant for the Community trade mark: Elena Grebenshikova

Community trade mark concerned: The figurative mark ‘SOLVO’ for goods and services in classes 9, 39 and 42 — application No 3 555 422

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited: The Community and national word and figurative mark ‘VOLVO’ for, inter alia, goods and services in classes 9 and 42

Decision of the Opposition Division: Rejection of the opposition in its entirety

Decision of the Board of Appeal: Dismissal of the appeal

Pleas in law: Violation of Article 8(1)(b) and (5) of Council Regulation No 40/94, as the trade marks in question are visually and phonetically similar and as the Board of Appeal did not take all relevant factors, including the identity of the goods concerned and the reputation of VOLVO, into account.