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THURSDAY, 15 AUGUST 2013
Italian political party PARTITO DELLA LIBERTA in General Court
In Cases T-321/11 and T-322/11, in a non-Berlusconi related trial, the Associazione
nazionale circolo del popolo della libertà (with headquarters in Milan, Italy) applied for the trademark PARTITO
DELLA LIBERTÀ for various goods and services in classes 9, 14, 16, 24,
25, 35, 36, 38, 41, 42 and 45.
M. Raffaello Morelli, and l’Associazione politica federazione dei liberali (Rome, Italy),
brought an opposition on the basis of Article 8 (4) CTMR on the basis of
earlier domain name “partitodellaliberta.it” which was granted by the Italian
registry on 9 August 2004. The Opponent claimed it used the sign in classes 16,
35, 38, 41 and 45. Mrs. Michela Vittoria Brambilla, intervening party in Case
T-322/11, applied for registration of the following figurative mark for goods
and services in Classes 16, 35, 38, 41 and 45. The same opponents, brought an
opposition on the same grounds.
The Opposition Division and Board of Appeal rejected
the oppositions finding that the mere registry of a domain name in Italy was
not sufficient to demonstrate use in trade within the meaning of Article 8(4)
CTMR. Further, even with the evidence
submitted by the Opponent, which consisted of extracts of the Internet page and
press articles, the OHIM considered that the direct redirecting of the website “partitodellaliberta.it”
to the URL www.liberali.it demonstrates
that the latter was the only one actually used with content, whereas the former
The General Court upheld the findings of OHIM and
rejected the appeal.
Posted by: Laetitia Lagarde @ 18.52
General Court, partito della liberta, Italy,
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Submitted By: Jeremy Phillips
16 August 2013 @ 16.52
I suppose the fact that the mark applied for was a figurative mark, with plenty of other material in it, meant that there was no absolute ground objection on the basis that ''liberta'' is a word in which political parties have all claimed expertise even long before the internet, or trade marks, were invented!
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