CELEX: 62004TJ0481
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

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, L
da
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.