CELEX: 62008TJ0382
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)

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, L
da
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.