No proof of earlier use

An opposition to a Community trade mark for the word ‘vogue’ has failed with the European Union General Court overturning a Board of Appeal’s decision as the opponent had not shown sufficient genuine use of his earlier Portuguese mark. The applicant had requested the opponent provide proof of use including the place, time, extent and nature of use of the earlier trade mark. The Court emphasised that genuine use could not be proved by means of probabilities or suppositions and must be demonstrated by solid and objective evidence. It found that none of the opponent’s evidence demonstrated the volume of sales or the turnover by other materials like till receipts, invoices, brochures and advertisements referring to the earlier mark.

Leave a comment

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s