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Document 62008TA0382

Case T-382/08: Judgment of the General Court of 18 January 2011 — Advance Magazine Publishers v OHIM Capela & Irmãos (VOGUE) (Community trade mark — Opposition proceedings — Application for Community word mark VOGUE — Earlier national word mark VOGUE Portugal — Absence of genuine use of the earlier mark — Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009))

OJ C 63, 26.2.2011, p. 26–26 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

26.2.2011   

EN

Official Journal of the European Union

C 63/26


Judgment of the General Court of 18 January 2011 — Advance Magazine Publishers v OHIM Capela & Irmãos (VOGUE)

(Case T-382/08) (1)

(Community trade mark - Opposition proceedings - Application for Community word mark VOGUE - Earlier national word mark VOGUE Portugal - Absence of genuine use of the earlier mark - Article 43(2) and (3) of Regulation (EC) No 40/94 (now Article 42(2) and (3) of Regulation (EC) No 207/2009))

2011/C 63/49

Language of the case: English

Parties

Applicant: Advance Magazine Publishers Inc. (New York, United States) (represented by: M. Esteve Sanz, lawyer)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent)

Other party to the proceedings before the Board of Appeal of OHIM: J. Capela & Irmãos, Lda (Porto, Portugal)

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 30 June 2008 (Case R 328/2003-2) relating to opposition proceedings between J. Capela & Irmãos, Lda and Advance Magazine Publishers, Inc.

Operative part of the judgment

The Court:

1.

Annuls the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) of 30 June 2008 (Case R 328/2003-2);

2.

Dismisses the action as to the remainder;

3.

Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc.


(1)  OJ C 301, 22.11.2008.


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