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Document 62012TN0348

Case T-348/12: Action brought on 31 July 2012 — Globosat Programadora v OHIM — Sport TV Portugal (SPORT TV INTERNACIONAL)

OJ C 311, 13.10.2012, p. 11–12 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

13.10.2012   

EN

Official Journal of the European Union

C 311/11

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

(Case T-348/12)

2012/C 311/14

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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