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Document 62008TJ0382

Judgment of the General Court (First Chamber) of 18 January 2011.
Advance Magazine Publishers, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
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).
Case T-382/08.

European Court Reports 2011 II-00002*

ECLI identifier: ECLI:EU:T:2011:9





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

(Case T-382/08)

Community trade mark – Opposition proceedings – Application for Community word mark VOGUE – Earlier national word mark VOGUE Portugal – No 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)

1.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Concept – Criteria for assessment (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 27-29)

2.                     Community trade mark – Observations of third parties and opposition – Examination of the opposition – Proof of use of the earlier mark – Genuine use – Application of the criteria to the case in question (Council Regulation No 40/94, Art. 43(2) and (3)) (see paras 30-32)

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, L da and Advance Magazine Publishers, Inc.

Information relating to the case

Applicant for the Community trade mark:

Advance Magazine Publishers, Inc.

Community trade mark sought:

Word mark VOGUE for goods and services in Classes 9, 14, 16, 25 and 41 – Application No 183756

Proprietor of the mark or sign cited in the opposition proceedings:

J. Capela & Irmãos, Lda

Mark or sign cited in opposition:

Portuguese trade mark registration No 143183 of the word mark VOGUE Portugal for goods in Class 25; Portuguese business name No 32046 VOGUE – SAPATARIA

Decision of the Opposition Division:

Opposition upheld in its entirety

Decision of the Board of Appeal:

Appeal dismissed


Operative part

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.

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