Action brought on 31 July 2012 - Globosat Programadora v OHIM - Sport TV Portugal (SPORT TV INTERNACIONAL)

(Case T-348/12)

Language in which the application was lodged: English

Parties

Applicant: Globosat Programadora Ltda (Rio de Janeiro, Brazil) (represented by: S. Micallef, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Other party to the proceedings before the Board of Appeal: Sport TV Portugal, SA (Lisbon, Portugal)

Form of order sought

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 23 May 2012 in case R 2079/2010-4;

Annul all costs orders made against the applicant by the Office, and order the later to bear the costs of the applicant.

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Community trade mark concerned: The word mark "SPORT TV INTERNACIONAL", for services in classes 35, 38 and 41 - Community trade mark application No 6915094

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Mark or sign cited in opposition: Portuguese trade mark registration No 329507 of the figurative mark "SPORTV", for services in classes 38 and 41

Decision of the Opposition Division: Rejected the opposition

Decision of the Board of Appeal: Dismissed the appeal

Pleas in law: Infringement of Article 42(2) and (3) of Council Regulation No 207/2009 and Infringement of Rule 22(3) of Commission Regulation No 2868/95.

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