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MONDAY, 17 MARCH 2014
General Court : a match Brazil v Portugal for Sport TV (internacional)
In Case T-348/12, Sport TV Portugal, SA (Portugal) applied for the word sign SPORT TV INTERNACIONAL for services in Classes 35, 38 and 41.
Globosat Programadora Ltda (Brazil) opposed it on basis of earlier Portuguese mark registered for Classes 38 and 41.
The Opposition Division and Baord of appeal rejected the opposition in its entirety on the grounds tha the applicant had not proven genuine use of the mark on which the opposition was based. More specifically, it considered that the evidence submitted aimed at proving genuine use of the earlier mark was insufficient, in particular, in so far as none of it showed the mark as registered, with its figurative elements, or contained any information concerning the extent of use and most of the evidence submitted referred to Brazil and Angola.
The following documents were submitted:
–copies of online and print articles taken from the24 HORASwebsite, the magazinetodotvand the newspaperRecordrespectively
–two extracts printed from the website www.tvcabo.pt
–a sworn declaration of the applicant’s lawyers
–copies of television programming schedules published in the magazinesTV24,Zapping! Tv Cabo,Tele Satélite
–a DVD containing four television advertisements.
The General Court confirmed that most documents were either outside the relevant period or not relevant for Portugal. None of the evidence indicates the turnover or mentions the market shares held in Portugal. The GC rejected the appeal holding that he evidence adduced by the applicant did not include information which could be considered to be solid and objective evidence of effective and sufficient use of the trade mark on the Portuguese market within the meaning of the case-law.
Posted by: Laetitia Lagarde @ 10.34
general court, genuine use, sport TV,
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Submitted By: Photo master
24 March 2014 @ 03.49
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