26.1.2013 |
EN |
Official Journal of the European Union |
C 26/64 |
Action brought on 16 November 2012 — Advance Magazine Publishers v OHIM — Nanso Group (TEEN VOGUE)
(Case T-509/12)
2013/C 26/127
Language in which the application was lodged: English
Parties
Applicant: Advance Magazine Publishers, Inc. (New York, United States) (represented by: C. Aikens, Barrister)
Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)
Other party to the proceedings before the Board of Appeal: Nanso Group Oy (Nokia, Finland)
Form of order sought
The applicant claims that the Court should:
— |
Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 17 September 2012 in case R 147/2011-4 and reject the opposition; and |
— |
Order the opponent to pay the costs incurred by the applicant. |
Pleas in law and main arguments
Applicant for a Community trade mark: The applicant
Community trade mark concerned: The word mark ‘TEEN VOGUE’, for among others goods in class 25 — Community trade mark application No 3529476
Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal
Mark or sign cited in opposition: Swedish trade mark registration No 126124 of the word mark ‘VOGUE’, for goods in class 25; Swedish trade mark registration No 43934 for the figurative sign ‘Vogue’, for goods in class 25; Finish trade mark application No T 199 803 628 for the word mark ‘VOGUE’, for goods in class 25; Registered auxiliary trade name ‘VO Gue’
Decision of the Opposition Division: Upheld the opposition for all the contested goods
Decision of the Board of Appeal: Dismissed the appeal
Pleas in law: Infringement of Article 8(1)(b) Council Regulation No 207/2009.