Keywords
Subject of the case
Operative part

Keywords

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)

Subject of the case

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

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Operative part

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.