Volvo Trademark Holding AB v. Elena Grebenshikova

The applicant limited its CTM application to ‘computer programs for warehouse management systems and computer programs for container terminal systems in Class 9. Thus, the goods covered by the applicants mark consist of a particular type of software dedicated to the field of warehouse management and container terminal systems (Class 9). Clearly it is subsumed under the term ‘computer programs (Class 9) covered by the opponents earlier CTM registration. The goods are therefore deemed identical. The different initial letter produces a wholly different opening and dominant syllable SOL-/VOL- which comprises half, as it were, of the phonetic content of each sign. Therefore, neither SOLVO nor VOLVO would be confused by consumers of the relevant goods in Class 9 anywhere in the Community. Moreover, the signs are, from a visual point of view, substantially dissimilar. Furthermore, there is no similarity and no factor common to both signs that might lead the public to believe in a linkage, economic or otherwise. Therefore, despite the reputation of the earlier sign, the opposition must fail on this ground also. The appeal is dismissed.