Judgment — ECLI:EU:T:2011:9
Date: 2011-01-18
Language of the case: English
Court formation: First Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful

Judgment of the General Court of 18 January 2011 - Advance Magazine Publishers v OHIM Capela & Irmãos (VOGUE) (Case T-382/08) 1 (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)) Language of the case: English Parties Applicant: Advance Magazine Publishers Inc. (New York, United States) (represented by: M. Esteve Sanz, lawyer) Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, Agent) Other party to the proceedings before the Board of Appeal of OHIM: J. Capela & Irmãos, Lda (Porto, Portugal) 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, Lda and Advance Magazine Publishers, Inc. Operative part of the judgment The Court: 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); Dismisses the action as to the remainder; Orders OHIM to bear its own costs and those incurred by Advance Magazine Publishers, Inc. ____________ 1 - OJ C 301, 22.11.2008.