Volvo Trademark Holding AB v. HEBEI AULION HEAVY INDUSTRIES CO., LTD.

Volvo Trademark Holding AB

Case details

Plaintiff: Volvo Trademark Holding AB

Defendant: HEBEI AULION HEAVY INDUSTRIES CO., LTD.

Case no.: R1870/2010-1

Jurisdiction: European Union

Industry: Cars

Decision date: 19 Jul, 2011

Subject matter: Dissimilarity of signsIdentity of goods and servicesLikelihood of confusionNature of the goods and services

Decision

There is no similarity between the earlier marks and the challenged mark, as it is the case at hand, the reputation or recognition enjoyed by the earlier marks and the fact that the goods or services respectively covered in Classes 7 and 12 are identical is not sufficient for it to be found that there is a likelihood of confusion. The consumer displays a high level of attention at the time of purchase of such goods. In this respect it should be recalled that it is consistent law that this fact reduces the likelihood of confusion between signs covering such goods. The appeal is dismissed.

Book a consultation icon

Book a consultation

Our experts are here to answer your trademark-related questions.

Comparison of Trademarks

VOLVO

LOVOL

Related cases

R0776/2018-4

Volvo Trademark Holding AB v. Paalupaikka Oy

Subject matter: Figurative trade mark, Reputation, Similarity of goods and services, Similarity of the signs, Unfair advantage, Visual similarity

R1240/2006-2

Volvo Trademark Holding AB v. Elena Grebenshikova

Subject matter: Dissimilarity of signs, Identity of goods and services, Likelihood of confusion, Phonetic dissimilarity, Relevant territory, Reputation, Restriction of the list of goods and services, Visual dissimilarity

R1936/2017-2

Jaguar Land Rover Limited v. Suncoast Tire LLC

Subject matter: Common element, Conceptual similarity, Enhanced distinctiveness, Phonetic similarity, Reputation, Similarity of the signs, Unfair advantage, Visual similarity

Related articles

From frequently asked questions about trademarks

Help