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.

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