Community trade mark Opposition proceedings Earlier national word mark VOGUE Portugal Application for a Community word mark VOGUE Facts raised for the first time before the Board of Appeal Extent of the examination carried out by the Board of Appeal
Sumário
Judgment of the Court of First Instance (Third Chamber) of 4 October 2007.
Advance Magazine Publishers, Inc. v Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM).
Community trade mark - Opposition proceedings - Application for a Community word mark VOGUE - Earlier national word mark VOGUE Portugal - Facts raised for the first time before the Board of Appeal - Extent of the examination carried out by the Board of Appeal.
Case T-481/04.
Texto da decisão
Judgment of the Court of First Instance (Third Chamber) of 4 October 2007 – Advance Magazine Publishers v OHIM – Capela & Irmãos (VOGUE)
(Case T-481/04)
Community trade mark – Opposition proceedings – Application for a Community word mark VOGUE – Earlier national word mark VOGUE Portugal – Facts raised for the first time before the Board of Appeal – Extent of the examination carried out by the Board of Appeal
Community trade mark – Appeals procedure (Council Regulation No 40/94, Art. 74(2)) (see paras 20-21)
Re:
| ACTION brought against the decision of the Second Board of Appeal (OHIM) of 27 September 2004 (Case R 328/2003-2) concerning opposition proceedings between J. Capela & Irmãos, Lda 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, 18, 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: |
National word mark VOGUE Portugal for goods in Class 25 and company name VOGUE – SAPATARIA |
|
Decision of the Opposition Division: |
Community trade mark refused for the goods and services in question |
|
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 27 September 2004 (Case R 328/2003-2); |
|
2. |
Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc. |