57As regards the place, nature and extent of that use, it must be observed that the market in question is for the production and sale of high-end sports cars with technical specifications that are not intended for normal, everyday road use and the price of which exceeds that of most private use cars. It is well known that that market is often characterised by relatively low demand, by production to specific order and by the sale of a limited number of vehicles, as is confirmed by the BBC article of 18 October 2006 (see paragraph 27 of the contested decision). Therefore, the provision of accounting documents setting out sales figures or invoices is not necessary for the purposes of establishing genuine use of the mark in question. On the other hand, it is clear from the documents in the file (see paragraph 55 above), including several articles published on the Internet and catalogues, that TVR models were marketed between 2003 and 2006, at least in the United Kingdom, which is sufficient from a territorial point of view (see, to that effect, judgment in Leno Merken, cited in paragraph 44 above, EU:C:2012:816, paragraphs 50 and 54) and demonstrates the nature and a certain scale of use of the earlier Community trade mark during that period. Furthermore, publications dated July 2007 and 2008 demonstrate that that trade mark was the subject-matter of public discussion in anticipation of a revival of production and sale of the TVR Sagaris model (see also paragraphs 28 and 29 in fine of the contested decision).
Source: EUR-Lex, © European Union, 1998-2026. Reuse authorised under Decision 2011/833/EU.