Judgment of the General Court (Third Chamber) of 12 March 2014 — Globosat Programadora v OHIM — Sport TV Portugal (SPORT TV INTERNACIONAL)
(Case T‑348/12)
Community trade mark — Opposition proceedings — Application for Community word mark SPORT TV INTERNACIONAL — Earlier national figurative mark SPORTV — Relative ground for refusal — Proof of use of the earlier mark — Article 42(2) of Regulation (EC) No 207/2009 and Rule 22 of Regulation (EC) No 2868/95
1. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Concept — Interpretation having regard to the rationale of Article 42(2) and (3) of Regulation No 207/2009 (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 19, 20)
2. Community trade mark — Observations of third parties and opposition — Examination of the opposition — Proof of use of the earlier mark — Genuine use — Criteria for assessment — Requirement of solid and objective evidence (Council Regulation No 207/2009, Art. 42(2) and (3)) (see paras 21-25)
Re:
| ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 23 May 2012 (Case R 2079/2010‑4), relating to opposition proceedings between Globosat Programadora Ltda and Sport TV Portugal, SA. |
Operative part
The Court:
2. | | Orders Globosat Programadora Ltda to pay the costs. |